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Patna High Court

Rajendra Prasad SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court did not set aside the impugned orders but disposed the writ petition by directing the petitioner to approach the Collector, Aurangabad, for a decision.

Summary

Petitioner Rajendra 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 proceeding and to compel payment of compensation for land acquired by the State and NHAI. He relied on a prior judgment in Upendra Singh v. State of Bihar (disposed on 13‑11‑2024) where a similar claim was allowed. The court noted that the respondents had not filed any appeal against the earlier order and that a contempt petition had already prompted steps for payment. Instead of granting the relief sought, the court directed the petitioner to file a representation before the Collector, Aurangabad, within eight weeks, and instructed the Collector to decide the matter within three months, with further consequences to follow. The writ petition was consequently disposed.

Issues considered

  • Whether the orders dated 07‑07‑2022 and 09‑02‑2023 rejecting the petitioner’s Raiyati claim can be set aside in view of the precedent set by Upendra Singh v. State of Bihar.
  • Whether the petitioner is entitled to compensation for the land acquired by the State and NHAI.
  • Whether the court should directly grant the relief sought or direct the petitioner to approach the Collector for a reasoned order.

Subjects

  • land acquisition
  • compensation
  • title verification
  • Raiyati claim
  • writ petition
  • precedent
  • Upendra Singh case

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.15209 of 2023
                 ======================================================
                 Rajendra Prasad Singh Son of Late Chuni Singh, R/o 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.
           7.    The Project Manager, NHAI, Aurangabad /Sasaram.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Brij Bihari Tiwary, Advocate
                 For the Respondent/s   :        Mr.Birendra Prasad Singh, AC to SC-19
                 For NHAI               :        Dr. Maurya Vijay Chandra, Advocate
                                                 Ms. Preety Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   16-03-2026                 Heard Mr.Brij Bihari Tiwary, learned counsel for the

                   petitioner and Dr. Maurya Vijay Chandra, learned counsel for

                   the NHAI as also Mr. B.P. Singh, learned counsel for 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. 34/2020-2021
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                                  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

                                  the Add. Collector, Aurangabad;

                                  (ii) for setting aside the order dated

                                  09.02.2023 passed in the title verification

                                  case No. 34/2020-2021 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 has been incorporated at 04
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          and is/are as follows:

                                          “Mauza-Barun, P.S.-Barun, District-

                                         Aurangabad bearing Thana no. 155,

                                         khata no. 171, khesra no. 1274 area

                                         160 sequare metre.”

                       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
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                                         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

                                         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
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                                         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

                                         been     acquired by the competent

                                         authority;

                                         12. accordingly, this writ application

                                         stands allowed.

                       7. Learned counsel for the State as also ‘the NHAI’

          failed to clarify the matter by filing proper petition pursuant to

          the order passed by a coordinate bench on 16.10.2026 on this

          aspect. It has been informed by the learned counsel that the

          respondents chose not file any appeal and pursuant to the

          contempt petition filed by Upendra Singh (vide MJC No. 2283

          of 2025), the steps have also been taken to make payment.

                       8.    In that background, instead of adjourning the

          matter and imposing the cost upon the respondent, it would be

          appropriate to allow the petitioner to approach the Collector,

          Aurangabad alongwith all the relevant documents including the

          order dated 13.11.2024 passed in Upendra Singh (supra) case

          and the subsequent development that has been taken place
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                   resulting into the issuance of the letter issued by the competent

                   Officer cum Deputy Collector, Land Reforms Department,

                   Aurangabad.

                                9. 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.

                                10. 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 pass 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)
Ravi/-

U


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