Created by Fuzzy Cloud

Patna High Court

Upendra Verma @ Upendra Kumar VermaversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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


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.