Created by Fuzzy Cloud

Patna High Court

Ravindar Kumar Pandey @ Ravindra Pandey and AnrversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

Holding

The High Court held that the petitioners must first obtain a declaration of title from a competent civil court; consequently, the writ petition seeking quash and mandamus was dismissed.

Summary

The petitioners, Ravindar Kumar Pandey and Gopal Ji Pandey, filed a writ petition seeking a certiorari to quash a letter dated 03‑10‑2013 that refused compensation for land acquired under the Land Acquisition Act, and a mandamus directing payment of compensation for specific parcels in Mauza Haripur. The State of Bihar, through its officials, contended that the disputed land was recorded as "Anabad Bihar Sarkar" and that the petitioners were merely occupants by adverse possession, rendering them ineligible for compensation. The State further directed the petitioners to obtain a declaration of title from a competent civil court. The Patna High Court observed that since the respondents had acknowledged the petitioners’ claim over some land but required a title declaration for the remaining parcels, the appropriate remedy lay in filing a civil suit for title determination. The Court therefore dismissed the writ petition, directing the petitioners to approach the civil court for title declaration, after which compensation, if any, could be awarded. The writ application was consequently disposed of.

Issues considered

  • Whether the letter refusing compensation under the Land Acquisition Act can be quashed by a writ of certiorari.
  • Whether the petitioners are entitled to compensation for the land recorded as "Anabad Bihar Sarkar" despite alleged adverse possession.
  • Whether the High Court can direct payment of compensation or must the petitioners first obtain a title declaration from a civil court.

Legislation cited

Subjects

  • Land Acquisition
  • Compensation
  • Adverse Possession
  • Writ of Certiorari
  • Writ of Mandamus
  • Title Declaration
  • Civil Court Jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.3802 of 2014
                 ======================================================
           1.     Ravindar Kumar Pandey @ Ravindra Pandey Son Of Late Nandji Pandey
                  Resident Of Village - Nibiya, Post - Kaser, P.S. Bhagwanpur, District -
                  Kaimur Bhabhua
           2.    Gopal Ji Pandey Son Of Late Ram Sakal Pandey Resident Of Village -
                 Nibiya, Post - Kaser, P.S. Bhagwanpur, District - Kaimur Bhabhua

                                                                            ... ... Petitioner/s
                                                     Versus
           1.    The State Of Bihar
           2.    The Principal Secretary, Department Of Land Reforms and Revenue,
                 Government Of Bihar, Patna
           3.    The Principal Secretary, Water Resources Department, Government Of
                 Bihar, Patna
           4.    The District Magistrate, Kaimur Bhabhua
           5.    The Special Land Acquisition Officer, Sone Project, Sasaram, District -
                 Rohtas

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Amaresh Kumar Sinha, Advocate
                                                 Mr. Vaibhav Narayan, Advocate
                                                 Ms. Deeksha, Advocate
                 For the Respondent/s   :        Mr.Vivek Prasad, G.P.07
                                                 Mr. Sanjay Kumar, AC to GP-07
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

7   03-02-2026                     Heard Mr. Amaresh Kumar Sinha, learned counsel

                   for the petitioners and Mr. Vivek Prasad, learned G.P.-07.

                                 2. The present petition has been preferred for the

                   following relief/s:

                                            (i) for the issuance of a writ in the nature of

                                            a writ of certiorari or any other appropriate
Patna High Court CWJC No.3802 of 2014(7) dt.03-02-2026
                                            2/5




                                  writ, order or direction for quashing the

                                  letter bearing no. 384 dated 03.10.2013

                                  issued by the respondent no. 5 (As contained

                                  in annexure- 6) whereby the authorities have

                                  refused to pay the compensation for the

                                  lands of the petitioners acquired under the

                                  Land Acquisition Act on frivolous ground. It

                                  is     further     prayed   for   issuance   of

                                  consequential writ in the nature of a writ of

                                  mandamus or any other appropriate writ,

                                  order, direction commanding the respondents

                                  to pay the compensation of the lands

                                  acquired by the State Government situated in

                                  Mauza Haripur, Thana No. 371, Khata No.

                                  48, in Khesra No. 144, to the extent of 0.18

                                  decimals and in Khasra No. 143 to the extent

                                  of 17.5 decimals under the Land Acquisition

                                  Act.

                       3. The matter relates to a piece of land has recorded

          in para-01 of the petition as under:

                                  “Mauza Haripur, Thana No. 371, Khata No.

                                  48, in Khesra No. 144, to the extent of 0.18
Patna High Court CWJC No.3802 of 2014(7) dt.03-02-2026
                                            3/5




                                  decimals and in Khasra No. 143 to the extent

                                  of 17.5 decimals”.

                         4. The claim of the petitioners is/are that though an

          Award has been declared for their 1.18 decimals raiyati land

          with respect to Khata No. 15, Khesra no. 84, 85 and 141 in the

          mauza-Haripur, no payment for khata no. 48, kheshra no. 143,

          (area 17.5 decimals) and khesra no. 144 (area 0.18 decimals)

          has been made.

                       5. The State Government has filed affidavit through

          respondent nos. 4 and 5, the Collector, Kaimur as also the

          District Land Acquisition Officer, Sone Project, Sasaram and

          paragraph no.07 is relevant to record as under:

                                          “7. That so far as claim of the

                                          petitioners is concerned, it is stated

                                          that an award of Rs. 10,69,552/- has

                                          been declared for their 1.18 acre

                                          raiyati land of khata no. 15, khesra

                                          nos. 84, 85 and 141 situated in

                                          mauza- Haripur. Since the land of

                                          khata no. 48, khesra no. 143, area

                                          17.5 decimal and khesra no. 144, area

                                          0.18 decimal situated in mauza-
Patna High Court CWJC No.3802 of 2014(7) dt.03-02-2026
                                            4/5




                                          Haripur of Bhagwanpur circle has

                                          been recorded as 'Anabad Bihar

                                          Sarkar' in the continuous khatian and

                                          the petitioners have been shown as

                                          occupants of the said land by way of

                                          adverse, possession, no compensation

                                          is admissible to them for the said

                                          land. As such the application dated

                                          23.09.2013 of the petitioners has been

                                          rejected       by     the     Special     Land

                                          Acquisition Officer, Sone Project,

                                          Sasaram vide letter no. 384 dated

                                          03.10.2013          and     they   have   been

                                          directed to get declared their title over

                                          the land in question by the court of

                                          competent jurisdiction”.

                       6. This Court is also of the view that since the

          respondents have accepted claim over certain piece of land

          while declaring that so far as this land is concerned, they have to

          get their title declared, it is advisable that the petitioners

          approach the competent Civil Court and get their title declared.

                       7. Needless to add, if it goes in their favour, they shall
         Patna High Court CWJC No.3802 of 2014(7) dt.03-02-2026
                                                     5/5




                   be entitled to the compensation.

                                8. With the aforesaid observation, the writ application

                   is disposed of.



                                                 (Rajiv Roy, J)
Ravi/-

U


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.