Created by Fuzzy Cloud

Patna High Court

Bhikhari SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court directed the Land Acquisition Officer to consider the petitioner’s representation and grant compensation if due, otherwise to pass a reasoned order, thereby not quashing the impugned order but ordering further adjudication.

Summary

Bhikhari Singh filed a writ petition alleging that his ancestral land (Khata No.163, Khesra No.1971) was erroneously recorded as government land by the Circle Officer, leading to illegal encroachment and a rejection of his claim for compensation in an order dated 16‑10‑2025. He sought quashing of that order, rectification of revenue records, payment of compensation, a government job for his spouse, and removal of the encroachment. The court examined the petitioner’s claim, invoking Article 300‑A of the Constitution and precedents that infer a right to compensation when property is taken. It held that the Land Acquisition Officer must consider the petitioner’s representation and, if compensation is warranted, grant it in accordance with the award; otherwise, a reasoned order must be passed. Consequently, the petition was disposed with directions to the Land Acquisition Officer to act accordingly.

Issues considered

  • Whether the order dated 16‑10‑2025 rejecting the petitioner’s claim is violative of Article 300‑A and the law of land acquisition.
  • Whether the petitioner is entitled to compensation for the alleged acquisition of his ancestral land.
  • Whether the revenue records should be rectified to remove the entry of the land as government property.

Legislation cited

Subjects

  • property rights
  • land acquisition
  • compensation
  • Article 300-A
  • revenue records
  • encroachment
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.557 of 2026
                 ======================================================
                 Bhikhari Singh Son of Laxmi Singh, R/o Ward no 07, Gram Chhoti Auraiya,
                 Adapur, Auraria, PO and PS Adapur, District East Champaran.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Additional Chief Secretary, Revenue and Land Reforms, Government of
                 Bihar, Patna.
           3.    The District Collector, East Champaran.
           4.    The District Land Acquisition Officer, East Champaran.
           5.    The Deputy Collector Land Reforms, East Champaran.
           6.    The Sub Divisional Officer, East Champaran.
           7.    The Circle Officer, Adapur, East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Alok Ranjan, Advocate
                 For the Respondent/s    :     AC to Standing Counsel (07)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   27-01-2026                   Heard Mr. Alok Ranjan, learned counsel appearing

                   on behalf of the petitioner and learned AC to Standing Counsel

                   (07) for the State.

                               2. The petitioner in paragraph no. 1 of the present writ

                   petition has sought, inter alia, the following relief(s), which is

                   reproduced hereinafter:-

                                                              “(I) For quashing of the order
                                                dated 16.10.2025 issued under the signature of
                                                respondent Additional chief secretary Revenue
                                                and land reforms department Government of
                                                Bihar Patna whereby and where under the
                                                genuine claim of the petitioner has erroneously
                                                been rejected just to frustrate the legitimate
                                                claim of the petitioner.
                                                              ii). For directing the respondents to
                                                rectify the revenue records of the government, as
Patna High Court CWJC No.557 of 2026(2) dt.27-01-2026
                                            2/5




                                          due to wrong entries made in the revenue records
                                          by the circle officer the land of the petitioner
                                          appertaining to Khata no. 163, Khesra no. 1971,
                                          area 1 katha 18 Dhur situated in Choti Ouraiya
                                          Mauja, P.S- Aadapur, Circle-Aadapur, District-
                                          East Champaran has been mentioned as
                                          government land, (if acquired, without there
                                          been any process of acquisition, without paying
                                          any compensation entire to petitioner to the
                                          ancestors of the petitioner) in place of land of
                                          the petitioner and his ancestors and due to
                                          illegal act of the authorities the encroachment
                                          over the land of the petitioner has been made
                                          and the petitioner is compelled to approach this
                                          Hon'ble court by way of filing instant writ
                                          application Or,
                                                         (iii) For directing the respondents
                                          to pay adequate compensation to the petitioner
                                          and a Government job to the spouse of the
                                          petitioner if the land has be acquired, though no
                                          any notice of acquisition has ever been issued,
                                          served to the petitioner, if not acquired then for
                                          directing and commanding the respondent
                                          authorities to vacate the land of the petitioner
                                          and to pass appropriate orders and directions for
                                          removal of illegal encroachment from the land of
                                          the petitioner appertaining to Khata no. 163,
                                          Khesra no. 1971, area 1 katha 18 Dhur situated
                                          in Choti Ouraiya Mauja, P.S- Aadapur, Circle-
                                          Aadapur, District-East Champaran, as the land
                                          of the petitioner has now became commercial
                                          land, now since the petitioner has retired from
                                          BSF, land of the petitioner has been illegally
                                          encroached by the respondents, by making entry
                                          in revenue records as government land and while
                                          passing the order dated 16.10.2025 no any
                                          documents have been annexed or supplied to the
                                          petitioner.
                                                         (iv) For any other appropriate
                                          relief/reliefs to which the petitioner is found
                                          entitled in the facts and circumstances of this
                                          case.”



                      3. Learned Counsel appearing on behalf of the

          petitioner submitted that the petitioner seeks for due

          compensation over the land appertaining to Khata no. 163,

          Khesra no. 1971, area 1 Katha, 18 Dhur (total 22 Dismil) which

          is khatiyani / ancestral land of the petitioner which has been
Patna High Court CWJC No.557 of 2026(2) dt.27-01-2026
                                            3/5




          encroached by mentioning it as government land on the revenue

          records by the concerned Circle Officer.

                      4. Learned counsel appearing on behalf of the

          petitioner seeks to file representation before the Land

          Acquisition Officer, East Champaran, Motihari for redressal of

          the grievance(s), for payment of due compensation of the land

          which has been rejected by the Additional Chief Secretary,

          Revenue and Land Reforms, Government of Bihar vide order

          dated     16.10.2025       appertaining       to   the   land   acquisition

          proceeding no.98/1955-56 and 18/1957-58 in respect of the land

          appertaining to Khata no. 163, Khesra no. 1971, area 1 Katha,

          18 Dhur (total 22 Dismil).

                      5. The mandate of the Article 300- A of the

          Constitution of India states that “No person shall be deprived of

          his property save by the authority of law.”

                      6. The State cannot disposes a citizen of his property

          except in accordance with law and procedure prescribed. The

          obligation to pay compensation is not expressively included in

          Article 300-A of the Constitution of India can be inferred in

          that Article. The law in this regard is well settled by the Apex

          Court in case of Vidaya Devi Vs. The State of Himachal

          Pradesh & Ors. reported in 2020(2) SCC 569, I find it proper
Patna High Court CWJC No.557 of 2026(2) dt.27-01-2026
                                            4/5




          to quote the para-12.1 and 12.2 of the said judgment, which are

          inter alia reproduced hereinafter;

                                  “12.1. The appellant was forcibly expropriated of her
                                  property in 1967, when the right to property was a
                                  fundamental right guaranteed by Article 31 in Part III of
                                  the Constitution. Article 31 guaranteed the right to
                                  private property [State of W.B. v. Subodh Gopal Bose,
                                  (1953) 2 SCC 688 : AIR 1954 SC 92] , which could not
                                  be deprived without due process of law and upon just
                                  and fair compensation.
                                  12.2. The right to property ceased to be a fundamental
                                  right by the Constitution (Forty-Fourth Amendment) Act,
                                  1978, however, it continued to be a human right
                                  [Tukaram Kana Joshi v. MIDC, (2013) 1 SCC 353 :
                                  (2013) 1 SCC (Civ) 491] in a welfare State, and a
                                  constitutional right under Article 300-A of the
                                  Constitution. Article 300-A provides that no person shall
                                  be deprived of his property save by authority of law. The
                                  State cannot dispossess a citizen of his property except in
                                  accordance with the procedure established by law. The
                                  obligation to pay compensation, though not expressly
                                  included in Article 300-A, can be inferred in that Article.
                                  [K.T. Plantation (P) Ltd. v. State of Karnataka, (2011) 9
                                  SCC 1 : (2011) 4 SCC (Civ) 414]”



                        7. Having considered the aforesaid submission made

          on behalf of the petitioner, as well as, having perused the

          records, the Land Acquisition Officer, East Champaran,

          Motihari, is directed to dispose of the representation filed by the

          petitioner after giving due consideration, by taking a conscious

          decision and proceed to grant due compensation in accordance

          with the Award so prepared in respect of the land of the

          petitioner.

                        8.   In case the petitioner is not entitled for any

          compensation, then in that case, the Land Acquisition Officer,

          East Champaran, Motihari, is directed to pass a reasoned order
           Patna High Court CWJC No.557 of 2026(2) dt.27-01-2026
                                                       5/5




                     in accordance with law.

                                 9. Accordingly, the present application stands

                     disposed of with aforesaid liberty.

                                 10. Interlocutory Application(s), if any, also stands

                     disposed of.



                                               (Purnendu Singh, J)
Ashishsingh/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.