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Patna High Court

Jaibun KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

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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