Patna High Court
Mahendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The orders dated 07.07.2022 and 09.02.2023 rejecting the petitioner’s Raiyati claim are set aside, and the State may file a suit but must pay compensation to the petitioner.
Summary
The petitioner, Mahendra Prasad Singh, filed a writ petition seeking to set aside two orders dated 07.07.2022 and 09.02.2023 that rejected his Raiyati claim in a title verification case and to compel payment of compensation for land acquired by the State. The petitioner relied on a prior judgment in Upendra Singh v. State of Bihar, where similar orders were set aside and compensation was ordered. The Court examined the earlier judgment and found the facts analogous, concluding that the earlier orders were erroneous. Accordingly, the Court set aside both orders, allowed the petitioner to seek compensation, and directed the Collector to consider the petition within eight weeks and pass a reasoned order within three months. The Court also noted that the State may file a suit challenging the settlement but that such suit would not bar payment of compensation.
Issues considered
- Whether the order rejecting the petitioner’s Raiyati claim in the title verification case is legally valid
- Whether the petitioner is entitled to compensation for land acquired by the State
- Whether a mandamus can be issued directing the authorities to pay compensation
- Whether the precedent set in Upendra Singh v. State of Bihar is applicable to the present case
Subjects
- land acquisition
- title verification
- compensation
- mandamus
- civil writ jurisdiction
- Raiyati claim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14661 of 2023
======================================================
Mahendra Prasad Singh Son Late Lakshman Singh R/o of Village-Barundih,
P.S.-Barun, Dist-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Collector, Aurangabad.
2. The District Collector, Aurangabad, Dist-Aurangabad.
3. The Additional Collector, Aurangabad, Dist-Aurangabad.
4. The Land Acquisition Officer, Dist-Aurangabad.
5. The Competent Authority Cum Deputy Collector, land Reforms,
Aurangabad, Dist-Aurangabad.
6. The Anchal Adhikari, Barun Anchal, Dist-Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate
For the State : Mr. Raj Kishore Roy, GP-18
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 07-04-2026 Heard Mr. Brij Bihari Tiwary, learned counsel for
the petitioner and Mr. Raj Kishore Roy, learned GP-18
representing the State.
2. The present petition has been preferred for the
following relief/s:
(i) for setting aside the order dated
7.07.2022 passed jointly by learned L.R.D.C.
and sub Divisional Officer, Aurangabad in
title verification case No. 33/2020-2021
whereby and where under the Raiyati claim
of the petitioner has been recommended to
be rejected based on the report of Circle
Officer, Barun and forwarded the same to
Patna High Court CWJC No.14661 of 2023(7) dt.07-04-2026
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the Add. Collector, Aurangabad;
(ii) for setting aside the order dated
09.02.2023 passed in the title verification
case No. 33/2020-2021 by the Add. Collector
and Collector, Aurangabad whereby the
order of learned L.R.D.C & S.D.O,
Aurangabad dated 07.7.2022 passed in
aforesaid mentioned case has been
confirmed;
(iii) in the nature of mandamus also
directing and commanding the respondent
authorities for payment of compensation
amount to the petitioner for the land which
has been acquired by the respondents;
(iv) for issuance of any other relief or relief
or reliefs for which the petitioner is entitled
for.
3. The details of the land as incorporated in paragraph
no.4 and read as follows:
“Mauza-Barun, P.S.-Barun, District-
Aurangabad bearing Thana No. 155, Khata No.
171, Khesra No. 1274, Area 160 Square metre.”
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4. Learned counsel for the petitioner submits that the
agnate of the petitioner namely Upendra Singh approached this
Court in C.W.J.C. No. 14096 of 2023 (Upendra Singh vs. the
State of bihar & Ors.) which came to be disposed of on
13.11.2024 and the writ petition was allowed.
5. The petitioner’s case is in line with the said order.
6. Paragraphs 10 to 12 of the order passed in Upendra
Singh (supra) case read as under:
10. having heard the parties and it
appears that the ancestor of the
petitioner has got the land in question
and received the same from the
erstwhile landlord and the name of
father of the petitioner was entered in
Register-II and after death of his
father, the petitioner has also paid the
rent to the authority concerned till
2022 and without verifying the same,
the order dated 07.07.2022 jointly
passed by learned L.R.D.C and Sub
Divisional Officer, Aurangabad in Title
Verification Case No: 35/2020-2021
Patna High Court CWJC No.14661 of 2023(7) dt.07-04-2026
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and order dated 09.02.2023 passed in
the Title Verification Case No.
35/2020-2021 by the Add. Collector
and Collector, Aurangabad;
11. in view of the aforesaid, the order
dated 07.07.2022 jointly passed by
learned LRDC and Sub Divisional
Officer, Aurangabad in Title
Verification Case No. 35/2020-2021
and order dated 09.02.2023 passed in
the Title Verification Case No.
35/2020-2021 by the Add. Collector
and Collector, Aurangabad are set
aside and State shall be at liberty to
file a suit if it challenged the
settlement in favour of the
predecessor-in-interest of the
petitioner and Jamabandi in their
favour but filing of the Title Suit by the
State will not deny the compensation
amount which is to be paid to the
petitioner pursuant to the land having
Patna High Court CWJC No.14661 of 2023(7) dt.07-04-2026
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been acquired by the competent
authority;
12. accordingly, this writ application
stands allowed.
7. In that background, with the consent of the parties,
following the order passed in Upendra Singh (supra) the matter
is referred to the Collector, Aurangabad.
8. If such petition is preferred in next eight weeks, the
Collector, Aurangabad is duty bound to look into the matter, the
claim of the petitioner and after hearing the parties, shall pass a
reasoned order within a period of three months from the date the
petition/representation is received in his/her office.
9. Needless to add, if it is found that the case of the
petitioner is similar to that of Upendra Singh (supra) and the
Collector, Aurangabad passes an order in this regard, the natural
consequences must follow within the period of next two months
from the date, the order is passed by the Collector, Aurangabad.
11. With the aforesaid observation, the writ petition is
disposed of.
(Rajiv Roy, J)
vinayak/-
U
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