Patna High Court
Hari YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANA VIKRAM SINGH
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
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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
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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
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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
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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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