Patna High Court
Bhikhari SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- Constitution of India — s. Article 300-A
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
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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
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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
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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
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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
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