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Patna High Court

Karu Yadav alias Karu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court set aside the 24‑07‑2021 and 12‑01‑2022 orders and directed a fresh consideration of the petitioner’s raiyatikaran claim, affirming his right to compensation.

Summary

The petitioner, Karu Yadav, claimed that land he purchased in 2008 and held under a valid jamabandi was acquired for the widening of NH‑II in 2010 but he received no notice or compensation. The authorities, invoking a 2014 revenue resolution and Swamitya Satyapan proceedings, rejected his raiyati claim and treated the land as government property. The petitioner filed a writ under Article 226 seeking compensation and setting aside the joint order dated 24‑07‑2021 and the related order of 12‑01‑2022. The court examined the applicability of the Bihar Tenancy Act, Bihar Land Mutation Act and settled case law on mutation and title, holding that a sale deed and jamabandi cannot be nullified by executive action without a civil‑court decree. Accordingly, the court set aside the impugned orders, directed the Collector to reconsider the raiyatikaran claim, and allowed the petitioner to pursue compensation.

Issues considered

  • Whether the order rejecting the petitioner’s raiyati claim and treating the land as government property violates the Bihar Tenancy Act, Bihar Land Mutation Act and constitutional provisions.
  • Whether a sale deed and jamabandi confer a title that cannot be overridden by an executive order without a civil‑court declaration.
  • Whether the petitioner is entitled to compensation for the acquisition of his land under the land acquisition process.
  • Whether the authorities exceeded their jurisdiction in conducting Swamitya Satyapan and denying compensation.

Legislation cited

Subjects

  • land acquisition
  • compensation
  • rai yatikaran
  • jamabandi
  • Swamitya Satyapan
  • Bihar Tenancy Act
  • mutation
  • Article 300A
  • jurisdiction
  • civil court decree

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12769 of 2022
     ======================================================
     Karu Yadav alias Karu Kumar, S/o Late Ram Sundar Yadav, Resident of
     Village-Pandepur, P.S. and District- Aurangabad, Bihar.

                                                               ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through The Principal Secretary, Deptt. of Revenue and
     Land Reform, Govt. of Bihar, Patna.
2.   The Commissioner, Magadh Division, Gaya.
3.   The District Magistrate cum Collector, Aurangabad.
4.   The Additional Collector, Aurangabad.
5.   The Deputy Collector Land Reform, Aurangabad cum Competent Authority.
6.   The Circle Officer, Circle, Aurangabad, Aurangabad.
7.   The Union of India through Project Director, National HIghway-II, Rohtas
     at Sasaram.
8.   The Sub-Divisional Officer, Aurangabad.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Vyas Kumar Mishra, Advocate
     For the Respondent/s   :      Mr. Md. Khurshid Alam, AAG-12
     For the NHAI           :      Mr. Saket Tiwary, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     CAV JUDGMENT

     Date : 27-04-2026

                  Heard the learned counsel for the parties.

                  2. The present writ application under article 226 of the

      constitution of India has been preferred by the petitioner for

      direction to the concerned respondents to pay the compensation

      for the land acquired for widening of National Highway-II vide

      notification published way back in the year 2010 by adopting

      the due process for compensation for the land of the petitioner,

      acquired through valid purchase from a bonafide vendor in
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         whose favour long-standing jamabandi has been uninterruptedly

         continuing but going contrary to the Bihar Tenancy Act,

         particularly under sections 5 (2), 6 and 7 of the act as well as

         and further for issuance of writ of certiorari for setting aside the

         joint order dated 24.07.2021 passed in Swami Satyapan Case

         No.22 of 2017-18 by the Additional Collector-cum-Additional

         District Magistrate, Aurangabad and the District Collector,

         Aurangabad and the connected order recommending rejecting

         Raiyati Claim vide order dated 12.01.2022 jointly passed by the

         Land Revenue Deputy Collector, and the Sub-Divisional

         Officer, Aurangabad, through I.A. No.1 of 2026.

                     3. The brief facts giving rise to the present writ

         application is to the effect that the land appertains to khata

         number 295 plot number 2747/3566 measuring area 54 square

         metre situated at village Shahpur circle Aurangabad, district

         Aurangabad, has been acquired for widening of NH-II into a 6-

         lane vide a notification, way back in 2010 and thereafter the

         petitioner has not been served any notice, nor has an award

         notice for compensation been received. The petitioner

         approached several times before the concerned authorities, but

         after the lapse of 7 years, the authorities concerned have

         initiated     proceedings        for     ‘swamitva   satyapan’   (Title
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         Verification) in the light of resolution vide 925 (6)/RA dated

         11.11.2014 issued by the Department of Revenue and Land

         Reform, Government of Bihar, vide registering Case No.22/17-

         18.

                     4. The learned counsel for the petitioner submits that

         the Collector, Aurangabad has exceeded its jurisdiction by

         passing such an order. That in the grab of swamitya satyapan,

         the authority concerned is not paying the compensation and the

         concerned authority is intending to declare the land of the

         petitioner as government land, though the land has been

         acquired through a registered sale deed through Bonafide vendor

         whose long-standing jamabandi has been coming since the

         abolition of jamindari and vide order dated 24.07.2021 the

         entitlement of the petitioner has been disowned in the Case

         No.22/2017-18.

                     5. The learned counsel for the petitioner submits that

         the land in question has been acquired by the petitioner through

         a registered sale deed dated 25.01.2008 for the land appertaining

         to Khata no. 295, Plot no. 2747/3566 situated at Mauza-

         Shahpur, from the vendor whose ancestor acquired the land

         through the settlement made by ex- Landlord and after abolition

         of jamindari, the jamabandi has been created in favour of the
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         petitioner and he has been paying the rent since 2008 and since

         then the jamabandi has been running uninterruptedly. The

         learned counsel for the petitioner further submits that there has

         been peaceful possession of the petitioner since 2008 and he is

         cultivating over the land and in the intervening period, the

         authority concern has not interfered with the possession over the

         land nor do they hold jamabandi, but when the process of

         acquisition of the land for widening NH-II came into force, then

         the authorities concerned, in the garb of Swamitya Satyapan or

         Raiyatikarn, though not permissible under the revenue law and

         in garb of the resolution, have started creating trouble in order to

         deprive him of getting compensation. It is further submitted that

         the authorities concern without paying compensation or issuing

         notices, have forcibly taken the land.

                     6. The learned counsel for the petitioner next submits

         that the authorities concerned have forcibly taken over the land

         in the garb of the Resolution 925(6) dated 11.11.2014, for land

         ownership verification, the compensation for the land has not

         been paid and the petitioner has been running from pillar to post

         and thus, the act of the authority concern is contrary to revenue

         laws particularly Bihar Tenancy Act and Bihar Land Mutation

         Act as well as Article 300 'A' of the Constitution of India and
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         thus interference is warranted in the interest of justice.

                     7. The learned A.C. to A.A.G.-12 for the state by

         referring to the counter affidavit filed on behalf of the

         Respondent No. 3, 4, 5 and 6 submits that as a matter of fact the

         land in question, bearing Khata no. 295, Plot no. 2747/3566,

         Area-209 sq. metre situated at village- Shahpur, Thana No. 566,

         P.S.+Anchal+District-Aurangabad, has been acquired by the

         government for widening NH-II into a six lane Highway. It is

         pertinent to mention here that the aforesaid acquired land in

         question is recorded in C.S. Khatiyan as gairmajarua malik

         land, which is being claimed by the petitioner as its raiyat on the

         basis of a sale deed executed in favour of petitioner's uncle in

         the year 2008. It is next submitted that in light of the claim of

         the petitioner, a proceeding for Swamitya Satyapan was initiated

         by the Circle Officer, vide Ownership Verification Case No.

         38/2019-20, in which the concerned Halka Karmchari/C.I.

         reported that the acquired land in question bearing Khata no.

         295, Plot no. 3566, Area- 209 sq. metre situated at Mauza-

         Shahpur, Thana No. 566 is recorded in khatiyan as gairmajarua

         malik C.S. land and for its raiyatikaran, the petitioner does not

         fulfill the terms and conditions as laid down in departmental

         Sankalp No. 925 (6)/ Ra. dated 11.11.2014 issued by the
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         Department of Revenue and Land Reforms, Govt of Bihar.

                     8. The learned A.C. to A.A.G.-12 next submits that in

         the light of the report of Halka Karmchari as well as the

         direction issued for Raiyatikaran of Gairmajarua Malik land,

         the petitioner doesn’t fulfill all the terms and conditions of the

         department letter and accordingly, the concerned record of

         Swamitya Satyapan case no: 38/2019-20 was sent to the Deputy

         Collector, Land Reforms, Aurangabad, with a recommendation

         to reject the claim of the petitioner with regard to raiyatikaran

         of the gairmajarua malik acquired land in his favour. It is next

         submitted that the collector, Aurangabad, who after hearing all

         the parties, rejected the raiyati claim of the petitioner vide order

         dated 24.07.2021.

                     9. It is further submitted that the claim of the

         petitioner is not based upon the relevant documents, as the

         acquired land in question is recorded in C.S Khatiyan as

         Gairmajarua Malik Land and the petitioner doesn’t have a valid

         ground to contest this writ petition, as this application is devoid

         of all merit.

                     10. After having heard the parties, this Court finds

         that the dispute is with regard to the rejection of the claim of the

         petitioner to be the raiyat of the land in question. The Bihar
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         Land Mutation Act, 2011 provides for a summary proceeding

         for mutation of land records with the sole object of maintaining

         updated revenue entries. It is a well settled principle that

         mutation proceedings do not confer title and are only for fiscal

         purposes. The Hon'ble Supreme Court, in various judicial

         pronouncements, has held that mutation entries neither create

         nor extinguish title and the same has been reiterated in the case

         of “Suraj Bhan Vs. Financial Commissioner, reported in

         (2007) 6 SCC 186”.

                         11. At this juncture, this Court is of the view that

         the judgment rendered by this Court in the case of “Maya

         Devi & Ors. Vs. The State of Bihar & Ors., reported in (2014)

         3 PLJR, 584” is relevant in the present facts and

         circumstances of the case.

                         12. One paragraph of the aforesaid judgment

         passed in the case of Maya Devi (Supra) is to be taken note

         of :-

                                        “The result of these three progressive
                                 stages is that if the State wants the
                                 petitioners’ lands or the lands on which the
                                 petitioners have been residing for last 50
                                 years, they must pay due compensation and
                                 take action in accordance with the provisions
                                 of the new Land Acquisition Act. If they
                                 intend to cancel the Jamabandi then it is for
                                 them to move the Civil Court for a
                                 declaration that the alleged settlement
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                                 and/or Jamabandi is illegal and cannot be
                                 accepted and let the title of the State be so
                                 declared but till such time the dispute is
                                 resolved, the petitioners cannot be evicted by
                                 the State in any manner nor can just
                                 compensation for acquisition be denied.”

                         13. In view of such settled position of law, this

         Court finds that the order dated 24.07.2021 passed jointly by

         the      Additional          Collector-cum-Additional     Magistrate,

         Aurangabad and the District Collector, Aurangabad, passed in

         Swamitva Satyapan Case No. 22 of 2017-18 has been passed

         ignoring the aforesaid settled law, relying upon the Letter

         No.925 dated 11.11.2014.

                         14.     In     such      circumstances,   where    the

         raiyatikaran of the persons like the petitioner is not approved

         over the said land and in fact the claim is rejected, it impliedly

         also nullifies the sale deed executed in favour of the petitioner

         way back in 2008. It is not a case where for no reason the land

         in question was entered in the name of the petitioner.

                         15. From the records, this Court also finds that

         earlier the Circle Officer had submitted a report dated

         24.11.2020 giving his opinion therein that the land is recorded

         as gairmajarua maalik in the continuous khatiyan and the

         possession of the petitioner for the last thirty years was

         accepted, but only on account of the criteria for raiyatikaran
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         the land was held to be of the Government.

                         16. It is a settled law that a sale deed executed in

         favour of the petitioner cannot be negated by an executive

         instruction unless the same is set aside by a competent Civil

         court.

                         17. The petitioner has filed an interlocutory

         application, being I.A. No. 1 of 2026, for setting aside the joint

         order dated 24.07.2021 passed in Swami Satyapan Case No.22

         of 2017-18 by the Additional Collector-cum-Additional

         District Magistrate, Aurangabad and the District Collector,

         Aurangabad and the connected order recommending rejecting

         Raiyati Claim vide order dated 12.01.2022 jointly passed by

         the Land Revenue Deputy Collector, and the Sub-Divisional

         Officer, Aurangabad.

                         18. Hence, in view of the discussions made in the

         foregoing paragraphs the order dated 24.07.2021 passed in

         Swami Satyapan Case No.22 of 2017-18 and the connected

         order recommending rejecting Raiyati Claim vide order dated

         12.01.2022 are hereby set aside.

                         19. The I.A. No. 1 of 2026 stands allowed.

                         20. The claim of the petitioner as far as the

         jamabandi standing in his name is concerned cannot be
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         disputed. It has been observed that the State has come out with

         a statement that the petitioner had failed to produce concrete

         evidence with regard to the creation of jamabandi in his

         favour, however, it is an admitted fact that the petitioner had

         acquired the title over the said land through a validly executed

         registered sale deed. Thus, if the State, now, does not

         acknowledge the said sale deed executed in favour of the

         petitioner, then the only remedy, as held by this Court earlier,

         lies before a Competent Civil Court by the State to claim their

         title over the same.

                         21. Considering the aforesaid proposition of law,

         this Court finds that the writ petitioner has made out a case for

         himself and therefore directs the respondent no.3, the District

         Magistrate-cum-Collector, Aurangabad, to take appropriate

         steps for reconsideration on the question of raiyatikaran of the

         land in question and pass an appropriate order, especially

         taking into account the fact that the petitioner had been in

         possession over the land in question on account of a sale deed

         executed in his favour by a person, who claimed the property

         to be the ancestral property of her husband.

                         22.    The     Collector,     Aurangabad,   shall   be

         approached by the petitioner within a period of two weeks
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                      with a copy of the present order and the Collector, Aurangabad

                      shall pass an order with respect to the raiyatikaran of the

                      petitioner, considering the claim of the petitioner afresh.

                                      23. The petitioner shall be at liberty to pursue the

                      matter further for payment of compensation before the

                      appropriate authority. The petitioner is also granted liberty to

                      move afresh, if the grievances of the petitioner is not

                      redressed.

                                      24. The writ application stands allowed with the

                      aforesaid observations and directions.




                                               (Sourendra Pandey, J)
manoj/-
AFR/NAFR                NAFR
CAV DATE                15.04.2026
Uploading Date          28.04.2026
Transmission Date       NA


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