ORAL JUDGMENT

Date : 23-09-2024 Heard Mr. J.S. Arora, learned senior counsel for the petitioner and Mr. Dhurjati Kumar Prasad, learned G.P. 14 appearing on behalf of the State.

2. The present writ petition has been filed for the following reliefs:-

“i). For commanding the respondent authorities to make correction in Revenue records in terms of order / decree dated 26.09.2007, passed in favour of the petitioner and others, in a suit No. 6208 of 1990 under Section 106 of the Bihar Tenancy Act by the Revenue Officer, Madhepura by entering the name of the petitioner and removing the name of the State of Bihar in regard to land of the petitioner detailed in paragraph no. 8 hereunder.

ii). Also for commanding the respondent authorities to release the amount of fair compensation as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, hereinafter referred to as the Act in regard to petitioner's land acquired by the Government of Bihar for B.N. Mandal University, as detailed in paragraph no. 8 hereunder, which is part of the petitioner's land, detailed in paragraph no. 8 hereunder.

iii). Also for commanding the respondent authorities restraining them from interfering into petitioner's possession on the unacquired land, being 29 Decimal of Revisional Survey Plot No. 1164, out of petitioner's land and refraining them from taking possession thereof, from making any construction thereon and from doing any act of changing the physical feature of the same or any part thereof.

iv). Also for any other appropriate relief(s) to which the petitioner is found entitled either in the eye of law or in the facts and circumstances of the case.”

3. Learned senior counsel for the petitioner submits that ex-landlord Babu Durga Prasad Mandal and Braj Kishore Mandal had settled certain piece of land in favour of the petitioner’s ancestor and others in the year Fasli 1342, 1345 and 1356. The petitioner’s ancestors continued cultivating possession of the same as Raiyat of the said land. In course of time when Jamindari system was abolished and the Estates vested in the State, then the landlord had submitted their Jamindari return showing therein the names of the settlees including the name of the petitioner’s father and uncle. The State of Bihar also recognized the petitioner’s father and uncle as Raiyat of the land in question. Jamabandi were opened in the name of the father of the petitioner and his uncle, namely, Tarni Yadav (since deceased) in regard to the land in question vide Jamabandi No. 235. The father and uncle of the petitioner continued to pay rent to the State of Bihar and in lieu thereof Rent Receipts continued to be issued in their favour till the year 1983-84. The land of the petitioner and his uncle as well as of other persons in course of Revisional Survey, because of mistake committed in the process of preparation of Revisional Survey Khatiyan in regard to the said land the name of the State of Bihar had appeared in place of the petitioner’s father or the petitioner. But the Rent Receipts continued to be issued in favour of the petitioner, hence he could not know about the said wrong entry.

4. Learned counsel for the petitioner submits that the name of one Rudra Narayan Yadav and others were also not recorded in Khatiyan and in lieu thereof in Revisional Survey Khatiyan erroneously the name of the State of Bihar was recorded like the case of the petitioner.

5. Learned counsel for the petitioner submits that as such they have filed Suit No. 6208 of 1980 before the Revenue Officer, Madhepura under Section 106 of the Bihar Tenancy Act, hereinafter to be referred as B.T. Act. The petitioner after getting knowledge of the said entry, intervened into the said case by filing an intervention petition, which was allowed by the Revenue Officer, Madhepura and the said case was finally decreed in favour of the petitioner and other applicants vide order/decree dated 26.09.2007 passe