Patna High Court
Ravindar Kumar Pandey @ Ravindra Pandey and AnrversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
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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
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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-
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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
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be entitled to the compensation.
8. With the aforesaid observation, the writ application
is disposed of.
(Rajiv Roy, J)
Ravi/-
U
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