Patna High Court
Upendra Verma @ Upendra Kumar VermaversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The writ petition is dismissed as the order of 08‑Nov‑2014 has been complied with, evidenced by the annexure showing possession given to the petitioner's sons.
Summary
The petitioner, Upendra Verma (deceased), claimed ownership of land settled in his grandfather's name in 1937 and recorded in the Jamabandi of 1951, with continuous rent payment to the Bihar Government. A co‑villager, Manju Devi, allegedly created an illegal dispute, leading the petitioner to file land dispute case No. 32 of 2014‑15 before the Deputy Collector, Land Reforms, who on 08‑Nov‑2014 ordered the Circle Officer to verify the settlement, measure the land, remove encroachments and restore possession to the petitioner. The petitioner alleged that the order remained unimplemented and sought a writ directing compliance. The respondents submitted a supplementary counter‑affidavit and annexure showing that possession had been handed over to the petitioner's sons on 09‑Feb‑2023, with no rebuttal from the petitioner. Accepting this evidence, the Court held that the order had been complied with and dismissed the writ petition, advising any further grievance be raised before the appropriate authority.
Issues considered
- Whether the order dated 08‑Nov‑2014 passed by the Deputy Collector, Land Reforms, remains unimplemented and requires further judicial direction.
- Whether the petitioner has produced sufficient evidence to prove non‑compliance with the said order.
- Whether the High Court can issue a direction to the respondents to enforce the order.
Subjects
- land dispute
- encroachment
- possession
- writ petition
- land reforms
- order compliance
- Jamabandi
- patta
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6159 of 2018
======================================================
Upendra Verma @ Upendra Kumar Verma Son of Kailash Prasad Verma @
Kailash Pati Verma, Resident of Village- Bhore, P.S. Bhore, District-
Gopalganj.
... ... Petitioner/s
Versus
1. The State Of Bihar.
2. The Sub-Divisional Officer Hathwa, District- Gopalganj.
3. The Deputy Collector, Land Reforms at Hathwa, District- Gopalganj.
4. The Circle Officer, Circle, Bhore, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam- AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 27-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for issuance of an appropriate direction
/order to the respondents for compliance of the
order dated 08.11.2014 (Annexure-1) passed by the
learned Deputy Collector, Land Reforms Hathwa
District-Gopalganj. In this case settled the
following land in question to the name of the
grandfather of the petitioner namely Late Nagina
Sonar by Hathwa Raj on dated 14.06.1937 and
already Patta was issued by Hathwa Raj on dated
Patna High Court CWJC No.6159 of 2018(3) dt.27-02-2026
2/4
14.06.1937 in village-Bhore, Police station
No.230, khata no.315, khesara no. 2462, Rakaba-
0-3-15 (or 14 Decimal) Thereafter vesting of
Jamindari in 1951 Jamindar submit the return
before the Government of Bihar regarding of said
land in question and after submitted the return
Jamabandi No. 257 has been created to the name
of Grandfather of the petitioner namely Late
Nagina sonar and from 1951 to till now rent is
giving to the Bihar Government and obtain the
receipt by the Government regularly and land in
question is already coming in the peacefull
possession ofthe petitioner from 1937 to till now.
Thereafter co-villager namely Manju Devi created
the illegal dispute on that land in question.
Thereafter the petitioner file the land dispute case
no. 32 of 2014-15 before the learned court of
competent authority Cum The Deputy Collector,
Land Reforms Hathwa District- Gopalganj for
decide the matter. After completing the entire
proceeding the authority concern passed the order
in favour of the petitioner. On 08.11.2014 and
Patna High Court CWJC No.6159 of 2018(3) dt.27-02-2026
3/4
given the order to the Learned Circle officer, Bhore
for verify the legality of the settlement and
Jamabandi and if the settlement and Jamabandi is
correct, so thereafter measurement the land in
question and after measurement removed the
Encroachment of other party and after removal of
Encroachment established the full possession of the
petitioner. But till today not compliance of the
order dated 08.11.2014 passed by the competent
authority.
Thereafter the petitioner running before
Post to Pillar and pillar to post till today.
As per the above facts and circumstances
of the case your Lordships give the direction to the
Respondents for compliance the order dated
D.C.L.R. Hathwa, 08.11.2014 passed by the
District- Gopalganj.”
3. A supplementary counter-affidavit has come on
behalf of the Circle Officer, Bhore, Gopalganj after service of
copy to the learned counsel for the petitioner on 19.04.2023 and
learned State counsel has taken this Court to Annexure-C to
show that in the presence of sons of Upendra Verma (the
Patna High Court CWJC No.6159 of 2018(3) dt.27-02-2026
4/4
petitioner who is no more), the possession was given. There
is/are signatures of three sons of the petitioner herein dated
09.02.2023.
4. As recorded above, the copy was served upon the
learned counsel for the petitioner on 19.04.2023 and there is no
rebuttal.
5. Accepting the words of the learned State counsel
and after perusing the aforesaid annexure, the writ petition
stands disposed of.
6. Needless to add, if the sons of the petitioner still
have any grievance, they are well advised to agitate it before
appropriate forum/authority/Court.
(Rajiv Roy, J)
Adnan/-
U
Checking your session…