Patna High Court
Rajendra Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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