Created by Fuzzy Cloud

Patna High Court

Ram Naresh PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the orders rejecting the petitioners' raiyati claim and proceeding with title verification were unsustainable and quashed them, entitling the petitioners to seek Jamabandi and compensation.

Summary

The petitioners, a group of descendants claiming raiyati rights over a one‑acre‑plus plot in Barun, Aurangabad, challenged a series of orders that rejected their claim for compensation and initiated title verification proceedings. They alleged that the Deputy Collector, the LRDC and Sub‑Divisional Officer, and later the Additional Collector and Collector, had acted without complying with the Bihar Land Mutation Act, 2011 and the Bihar Tenancy Act, 1885. The petitioners filed an interlocutory application to amend their relief and sought quashing of the orders. The Court examined the land’s settlement history, continuous possession, rent receipts, and the procedural deficiencies in the authorities’ actions. It held that the orders dated 14‑01‑2021, 05/06‑02‑2021 and 07‑01‑2022 were not sustainable in law and therefore quashed them. The Court directed that the petitioners may now apply for creation of their Jamabandi and claim the compensation due for the acquired land.

Issues considered

  • Whether the orders passed by the Deputy Collector, LRDC, Sub‑Divisional Officer, Additional Collector and Collector were in violation of the Bihar Land Mutation Act, 2011 and the Bihar Tenancy Act, 1885.
  • Whether the petitioners are entitled to compensation for the acquisition of their raiyati land.
  • Whether the petitioners can seek creation of a Jamabandi for the disputed plot.

Legislation cited

Subjects

  • land acquisition
  • raiyati rights
  • compensation
  • title verification
  • Jamabandi
  • Bihar Land Mutation Act
  • Bihar Tenancy Act
  • quashing order

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.11588 of 2021
     ======================================================
1.    Ram Naresh Pandey Son of Late Ram Murat Pandey Resident of Village-
      Barun Dih, P.S.- Barun, District- Aurangabad.
2.   Binod Pandey Son of Late Sampat Pandey Resident of Village- Barun Dih,
     P.S.- Barun, District- Aurangabad.
3.   Santosh Pandey Son of Late Sampat Pandey Resident of Village- Barun Dih,
     P.S.- Barun, District- Aurangabad.
4.   Ram Kumar Pandey Son of Late Raghu Nandan Pandey Resident of Village-
     Barun Dih, P.S.- Barun, District- Aurangabad.
5.   Awadhesh Pandey Son of Late Narayan Pandey Resident of Village- Barun
     Dih, P.S.- Barun, District- Aurangabad.
6.   Vinketesh Pandey Son of Late Narayan Pandey Resident of Village- Barun
     Dih, P.S.- Barun, District- Aurangabad.
7.   Kamal Kishor Pandey Son of Late Narayan Pandey Resident of Village-
     Barun Dih, P.S.- Barun, District- Aurangabad.
8.   Kaushal Kishore Pandey Son of Late Narayan Pandey Resident of Village-
     Barun Dih, P.S.- Barun, District- Aurangabad.
9.   Anita Devi Wife of Sri Santosh Pandey Resident of Village- Barun Dih, P.S.-
     Barun, District- Aurangabad.
10. Shiv Kumari Kuer @ Shiv Kumari Devi Widow of Late Rajendra Pandey
    Resident of Village- Barun Dih, P.S.- Barun, District- Aurangabad.

                                                                 ... ... Petitioner/s
                                       Versus
1.   The State of Bihar.
2.   The Principal Secretary, Revenue and Land Reforms Department,
     Government of Bihar, Patna.
3.   The District Magistrate, Aurangabad.
4.   Competent Authority cum Deputy Collector, Land Reforms, Aurangabad.
5.   The Anchal Adhikari, Barun Anchal, Aurangabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Ganpati Trivedi, Sr. Advocate
                                  Mr. Brij Bihari Tiwary, Advocate
     For the Respondent/s   :     Mr. Sajid Salim Khan, ( SC25 )
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                         ORAL JUDGMENT
      Date : 13-01-2026
                  Heard Mr. Ganpati Trivedi, learned Senior Counsel
Patna High Court CWJC No.11588 of 2021 dt.13-01-2026
                                            2/7




         along with Mr. Brij Bihari Tiwary, learned counsel appearing

         on behalf of the petitioners and Mr. Sajid Salim Khan, learned

         SC 25 for the State.

                     Re.: I.A. No. 01 of 2022

                       2. Learned counsel appearing on behalf of the

         petitioners by filing the present interlocutory application seeks

         amendment in Para-1 of the writ petition by adding additional

         relief as stated in Para-1 of the present interlocutory application.

                     3. Having considered the information contained in the

         interlocutory application and the grounds mentioned therein and

         the affidavit, I find that there are sufficient reason to allow the

         amendment of the prayer as prayed in Para-1 of the writ petition

         by adding additional relief as stated in Para-1 of the

         interlocutory application.

                     4. I.A. No. 01 of 2022 is allowed.

                     CWJC No.11588 of 2021:

                         5. The petitioners in paragraph no. 1 of the present

         writ petition have sought inter alia the following relief(s), which

         is reproduced hereinafter:-

                                          “1. That this application is for issuance of an
                         appropriate writ, order or direction quashing the order dated
                         14.01.2021 passed by the Deputy Collector Land Reforms,
                         Aurangabad whereby the learned Deputy Collector Land
                         Reforms rejected the application filed by the petitioners for
                         payment of compensation for acquisition of their Raiyati land
                         and further directed the Anchal Adhikari, Barun for initiating for
                         verification of the petitioner's Raiyati interest over the lands in
Patna High Court CWJC No.11588 of 2021 dt.13-01-2026
                                           3/7




                         question which had been acquired long back and accepted by the
                         State Government and for quashing all the title verification Case
                         No 1 to 8 of 2020-21 initiated by Anchal Adhikari Barun in
                         pursuance of the said order.”

                       6. Thereafter the petitioners filed I.A. No.1 of 2022

         for modification of the prayer made in the writ application, inter

         alia, seeking following relief(s):

                                                        “(i) In the nature of certiorari for
                                         setting aside the order dated 05/06.02.2021
                                         passed jointly by learned L.R.D.C and sub
                                         Divisional officer, Aurangabad in title
                                         verification case No. 1 to 10 / 2020-2021
                                         whereby and where under the Raiyati claim of
                                         the petitioners have been recommended to be
                                         rejected based on the report of circle officer
                                         Barun and forwarded the same to the Add.
                                         Collector, Aurangabad.
                                                        (ii) In the nature of certiorari also
                                         to setting aside the order dated 07.01.2022
                                         passed in the title verification case No. 1 to
                                         10/2020-2021 by the Add. Collector and
                                         Collector, Aurangabad whereby the order of
                                         learned L.R.D.C & S.D.O, Aurangabad dated
                                         05/6. 02. 2021 passed in afore mentioned case
                                         has been confirmed.”


                         7. Brief fact of the case is that the land in dispute

         forms part of land situated at Mouza Barun, P.S. and District—

         earlier Gaya and presently Aurangabad—being Khata No. 171,

         Khesra No. 1017, measuring 1 acre and 75 decimals, and the

         petitioners are descendants of their common ancestor Late Mod

         Narayan Pandey, whose son Ram Subhag Pandey, by a

         registered Kabuliyat dated 13th Asharh 1344 Fasli (06.07.1937),

         obtained settlement of 27.33 acres of land from the ex-landlord

         of KVNDA Estate on payment of nazarana, thereby creating

         bhowli raiyati rights, the disputed land being part of the said
Patna High Court CWJC No.11588 of 2021 dt.13-01-2026
                                           4/7




         settlement; pursuant thereto Ram Subhag Pandey came in

         cultivating possession and paid rent to the ex-landlord, and after

         vesting of the Zamindari the outgoing landlord submitted

         returns acknowledging him as a settled raiyat; thereafter, upon

         amicable partition among the heirs of Ram Subhag Pandey, the

         disputed plot along with other lands fell to their respective

         shares, over which the petitioners and their predecessors have

         remained in continuous cultivating possession and have also

         constructed residential and commercial structures, and post-

         vesting the State of Bihar recognized them as tenants by

         entering their names in Register-II, creating Jamabandi and

         issuing rent receipts in their favour.

                         8. Mr. Ganpati Trivedi, learned Senior Counsel

         appearing on behalf of the petitioners informed this Court that in

         Mauza Barun, District- Aurangabad in respect of Khata No.171,

         which is already recorded in CS Khatiyan as Gair Majarua

         Malik land, several plots have been acquired for strengthening

         and widening of NH-2, connecting Aurangabad to Varanasi.

         Petitioners are also holders of some of the plots appertaining to

         Khata No.171, as described in detail in the present writ petition.

         In respect of the same plot, appertaining to khata No.171, one

         of the aggrieved persons had earlier approached this Court by
Patna High Court CWJC No.11588 of 2021 dt.13-01-2026
                                           5/7




         filing CWJC No.14096 of 2023. After considering the fact that

         the petitioner of the said writ petition has been paying rent

         continuously and are in possession of the said land, a Co-

         ordinate Bench of this Court in the aforesaid writ petition has

         set-aside the order passed by the concerned authority in respect

         of title verification case with a liberty to the State to file suit, if

         the State wants to challenge                  the settlement in favour of

         predecessor of the concerned settlee.

                         9. In the present case, learned Senior counsel

         informs that the petitioners are aggrieved by the series of orders

         passed by the District Magistrate cum Collector, Aurangabad

         and Additional Collector cum Additional District Magistrate,

         Aurangabad as contained in Annexure-17 series, all are dated

         07.01.2022 on the ground that the District Magistrate cum

         Collector concerned was required to follow the prescribed

         procedure under the Bihar Land Mutation Act, 2011 (hereinafter

         referred to as the “Act, 2011”) for cancellation of Jamabandi

         and without adhering to the provisions of the Act, 2011, they

         rejected the raiyati claim of the petitioners without asserting the

         facts as provided in Resolution No. 925 dated 11.11.2014, as

         contained in Annexure-4. The condition stipulated in clause 3(ii)

         (kha) of Resolution No.925 is re-produced hereinafter ;

                         “(ख) यदद भूतपूरर मधयरतर र दारा सादा हुकुमनामा तथा दरटनर मे रै यत
Patna High Court CWJC No.11588 of 2021 dt.13-01-2026
                                           6/7




                         का नाम ददया गया है , हुकुमनामा 01.01.1946 के पूरर का है और सरकारर
                         लगान रसरद जमरंदारर उनमूलन के ररर से कट रहर है तो यह भूदम
                         रै यत/उनके उतरादधकारर कर रै यतर मानर जाएगर।"



                         10. The authorities concerned have proceeded to

         pass order without examining the evidences placed on record by

         the petitioners that they have been continuously paying rent as

         fixed by the Government which shows that the petitioners are in

         possession of their portion of land till date.

                         11. Having considered the submissions made on

         behalf of the petitioners and having perused the records of the

         case, I find that the present is one case, where there is not only

         abrasion on the part of the authorities concerned but at the same

         time, the District Magistrate concerned has totally failed to

         abide by the provision as prescribed in the Act, 2011 as well as,

         the conditions stipulated under the Bihar Tenancy Act, 1885. I

         find that the order dated 14.01.2021 passed by the Deputy

         Collector Land Reforms, Aurangabad (Annexure 9 to the writ

         petition) and subsequent order dated                 05/06.02.2021 passed

         jointly by learned L.R.D.C and sub Divisional officer,

         Aurangabad in title verification case No. 1 to 10 / 2020-2021

         and order dated 07.01.2022 passed in the title verification case

         No. 1 to 10/2020-2021 by the Additional Collector and

         Collector, Aurangabad            in case of the petitioners are not
             Patna High Court CWJC No.11588 of 2021 dt.13-01-2026
                                                        7/7




                      sustainable in the eye of law and same are hereby quashed and

                      set-aside.

                                      12. The petitioners at the same time may file

                      application before the appropriate authority for creation of their

                      Jamabandi in view of the admitted fact that Jamabandi has not

                      been cancelled till date in accordance with law and as such, the

                      petitioners become entitled for payment of due compensation

                      for the said piece of land for which they have not been paid till

                      date.

                                      13. Accordingly, the present application stands

                      disposed of.




                                                 (Purnendu Singh, J)
Ashishsingh/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          19.01.2026
Transmission Date       NA


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.