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Patna High Court

Hari YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that it cannot adjudicate the ownership claim in the writ petition and therefore granted liberty to approach a civil court for resolution.

Summary

The petitioner, Hari Yadav, claimed ownership of two parcels of land in Aurangabad district, asserting that he had purchased them via a registered sale deed and had been in possession. He sought compensation from Indian Railways for land acquired for a railway line, but the compensation was paid to another party. Earlier proceedings before the D.C.L.R. and the District Magistrate‑Cum‑Collector rejected his claim for lack of documentary proof of title. The High Court found that the petitioner had no documents to substantiate his ownership and that the factual disputes could not be resolved in a writ petition. Consequently, the Court granted him liberty to approach a competent civil court for a determination of ownership and disposed of the writ application.

Issues considered

  • Can a High Court decide a factual ownership dispute in a writ petition when the petitioner lacks documentary proof of title?
  • Is the petitioner entitled to compensation for land acquired by the Railways despite the absence of title documents?
  • Should the petitioner be directed to approach a civil court for determination of ownership?

Subjects

  • land acquisition
  • compensation
  • railway land
  • ownership verification
  • writ jurisdiction
  • civil court
  • property dispute

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.8042 of 2026
     ======================================================
     Hari Yadav, S/o Yogi Yadav, R/o Village- Labhhari, Post- Kerap, Rafiganj,
     District- Aurangabad, Bihar- 824125.


                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar through the Secretary, Land Reforms and Revenue
     Department, Govt. of Bihar.
2.   The Union of India, through Divisional Railway Manager, Dedicated Fright
     Corridor, Pt. Deen Dayal Junction, Mughalsarai, Utter Pradesh.
3.   The District Magistrate, Aurangabad.
4.   The Add. Collector (Land), Aurangabad.
5.   The D.C.L.R., Aurangabad.
6.   The Circle Officer, Rafiganj.


                                                                 ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s    :       Mr. Deepak Kumar, Adv.
     For the State           :       Mr. AC to AAG-4
     For the UOI             :       Mr. Rabindra Kumar Priyadarshi, Adv.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
     ORAL JUDGMENT
     Date : 01-07-2026

                        At the very outset, before addressing the Court

      on merits, the learned counsel for the petitioner prays for

      withdrawal of the writ application with a liberty to approach

      the Civil Court of competent jurisdiction to get the Title

      declared over the piece of land situated in Khata No. 37, Plot
Patna High Court CWJC No.8042 of 2026 dt.01-07-2026
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         No. 3574, area 62.5 decimal at Village-Kerap Tole Lavri and

         Khata No. 37, Plot No. 3574, area 0.32 decimal in the same

         village, in the district of Aurangabad.

                         2. The learned counsel for the petitioner submits

         that he has purchased the aforesaid land on the basis of

         registered sale-deed and he has been coming in possession

         over the same since long, but the Indian Railway, which has

         acquired the land for laying down the railway line, has paid

         the compensation amount to somebody else. The petitioner,

         thereafter, preferred an application for ownership verification

         case before the D.C.L.R., Aurangabad, who after having heard

         the concerned parties rejected the claim of the petitioner.

         Thereafter, the petitioner preferred an appeal vide Ownership

         Appeal No. 128 of 2020 before the District Magistrate-Cum-

         Collector, Aurangabad for deciding his ownership claim over

         the aforesaid piece of land.

                         3.    The      District      Magistrate-Cum-Collector,

         Aurangabad vide order dated 28.05.2025 rejected the appeal

         preferred by the petitioner, holding that he could not produce

         any document showing his due ownership over the piece of

         land.

                         4. At this state, the learned counsel appearing on
Patna High Court CWJC No.8042 of 2026 dt.01-07-2026
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         behalf of the State as also the Union of India submit that the

         manifold disputed question of fact has been raised in the

         present writ application, which cannot be decided herein for

         which the petitioner may be advised to approach the proper

         legal forum to get his ownership declared.

                         5. Heard the parties and perused the records.

                         6. It appears that the petitioner does not possess

         any document which could justify bonafidely his claim of

         ownership over the aforesaid piece of land and as such, his

         repeated attempt to get the compensation for the land acquired

         by the Railways for constructing the railway line could not be

         entertained. The petitioner has lost on all forums, claiming

         ownership over the said piece of land.

                         7. In this circumstances, this Court is left with no

         option, but to grant him a liberty to approach the Civil Court

         of competent jurisdiction to get his ownership decided therein

         over the said piece of land and if such a proceeding is resorted

         to by the petitioner, the learned Civil Court of competent

         jurisdiction is duty bound to consider the same expeditiously

         after having heard all the parties necessary in the aforesaid

         proceeding.

                         8. With the aforesaid liberty to the petitioner, the
             Patna High Court CWJC No.8042 of 2026 dt.01-07-2026
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                      writ application stands disposed off.

                                      9. Interlocutory application(s), if any, also stands

                      disposed off accordingly.



                                              (Rana Vikram Singh, J)

Praveen-II/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          03.07.2026
Transmission Date       N/A


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