Patna High Court
Jaibun KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the petitioner must seek relief before the Arbitrator‑cum‑Divisional‑Commissioner, and therefore disposed of the writ petition without granting a mandamus for compensation.
Summary
Petitioner Jaibun Khatoon filed a writ petition seeking a mandamus directing the State of Bihar and its officials to pay compensation for 0.06070420 acres of land that was acquired for a road, alleging the land was residential but was classified as agricultural. She also sought interest and penalties for delay. The petitioner argued that the appropriate forum for redress was the Arbitrator‑cum‑Divisional‑Commissioner, Muzaffarpur. The State counsel raised no objection to this approach. The Court, after hearing, disposed of the petition, directing the petitioner to approach the Arbitrator‑cum‑Divisional‑Commissioner for a final determination and ordering the respondents to hear all parties promptly. No direct order for compensation or interest was issued by the Court.
Issues considered
- Whether the petitioner is entitled to compensation for land acquired as residential but classified as agricultural
- Whether a writ of mandamus can be issued directing payment of compensation and interest in a land acquisition matter
- Whether the appropriate forum for adjudicating the compensation claim is the Arbitrator‑cum‑Divisional‑Commissioner
Subjects
- land acquisition
- compensation
- residential land
- mandamus
- delay
- penal interest
- Arbitrator‑cum‑Divisional‑Commissioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15425 of 2023
======================================================
Jaibun Khatoon W/o Late Vahid Miya @ Vahir Miya, resident of Village-
Bhatahandi, P.S.-Sahebganj, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Revenue
and Land Reforms, Bihar, Patna.
2. The Divisional Commissioner, Tirhut Division, Muzaffarpur.
3. The District Magistrate-cum-Collector, Muzaffarpur.
4. The Additional Collector, Muzaffarpur.
5. The District Land Acquisition Officer, Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate
For the Respondent/s : Mr. Birendra Prasad Singh ( Sc 19 )
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-05-2026 Heard the parties.
2. This writ petition has been preferred for:
“(i) To issue an appropriate
order/s, direction/s including a writ
preferably in the nature of mandamus
commanding and directing upon the
respondents to make the payment of
compensation to the petitioner in lieu of
acquisition of his land measuring
0.06070420 appertaining to Khata No. 252,
Khesra No. 441 in which Pucca House 1620
Patna High Court CWJC No.15425 of 2023(2) dt.04-05-2026
2/3
square feet has been situated in Mauza
Bhatahandi within Sahebganj circle, District
Muzaffarpur acquired for the purpose of
construction of road treating the nature of
land residential not agricultural.
(ii) To direct the respondent to
make the payment of compensation of above
mentioned land to the petitioner which is
residential in nature in which purchased
through sale deed.
(iii) To direct the respondents to
make the payment of compensation of land
along with penal interest on account of delay
and latches on their part.
(iv) To any other reliefs/s to which
the petitioner may be found entitled in the
facts and circumstances of the case.”
3. After some argument, learned counsel for the
petitioner submits that the petitioner shall be approaching the
Arbitrator-cum-Divisional-Commissioner, Muzaffarpur for
redressal of the grievance as admittedly, the land should have
been in the category of residential but has been clubbed as
Patna High Court CWJC No.15425 of 2023(2) dt.04-05-2026
3/3
agricultural.
4. Learned State counsel has no objection.
5. In that background, the writ petition is disposed of
allowing the petitioner to approach before the aforesaid
respondent who shall be noticing/hearing all the parties and
shall take the matter to its logical conclusion at the earliest.
(Rajiv Roy, J)
atul/-
U T
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