Patna High Court
Savina KhatunversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Because the State raised a dispute over the title of the land, the petitioner must seek determination of her title and compensation before a competent civil court, and the writ petition is disposed.
Summary
Savina Khatun filed a writ petition seeking compensation for 0.09 acre of her land that was acquired by the Bihar Land Reforms and Revenue Department for the Bharat‑Nepal Border Road under a 2016 Gazette Notification. The State respondents had not paid any compensation and the petitioner alleged that the required affidavit from the respondents had not been served. The court noted that the State had raised a dispute over the title, describing the land as ‘Gair‑Majarua Thikedar Mazkur Kism’, based on a revenue report. Consequently, the court held that the title dispute must be resolved by a competent civil court rather than by the writ jurisdiction. The petition was therefore disposed, with an order that the clerk pay a nominal Rs. 500 to the petitioner’s counsel and that compliance be monitored on a later date.
Issues considered
- Whether the petitioner is entitled to compensation for land acquired under the 2016 Gazette Notification.
- Whether the writ court can grant compensation when the State raises a dispute over title.
- Whether the petitioner must approach a civil court for determination of title and compensation.
Subjects
- land acquisition
- compensation
- writ jurisdiction
- title dispute
- civil court
- Bihar
- border road
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.868 of 2025
======================================================
Savina Khatun Wife of Shekh Samin Resident of Village Ban Bairia, P.S.
Sahodra, District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Land Reforms and
Revenue Department, Bihar, Patna
2. The District Magistrate, Bettiah, West Champaran.
3. The Deputy Additional Collector, Land Reforms and Revenue,
Narkatiyaganj, West Champaran.
4. The Circle Officer, Gaunaha, West Champaran.
5. The District Land Acquisition Officer, Bettiah, West Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Adv.
For the Respondent/s : Mr. Gyan Prakash Jha, GA-7
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-04-2026 Heard Mr. Ashok Kumar Gupta, learned counsel for
the petitioner and the State.
2. The present application has been preferred for the
following relief(s):
for issuance of direction upon the
Respondents to pay compensation for the
land of the petitioner which has been
acquired by land reforms and Revenue
Department, Bihar on the basis of Gazette
Notification of Collector, West Champaran
through Bihar State Gazette Notification
dated 25.11.2016 by which land of the
petitioner bearing Thana No. 201, Khata No.
Patna High Court CWJC No.868 of 2025(3) dt.07-04-2026
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33, Area 0.09 Acre has been acquired for
construction of Bharat-Nepal Border Road.
But till now no compensation has been made
available to the petitioner.
3. A Co-ordinate Bench, on 27.01.2025, directed the
State respondents to file affidavit.
4. Today, on call, learned counsel for the petitioner
submits that no affidavit has been handed over to him.
5. A perusal of the record would show that the counter
affidavit on behalf of respondent nos. 3 to 6 was filed by the
Circle Officer, Gaunaha, West Champaran on 15.07.2025. The
notice further shows that it has not been served to the petitioner.
In that background, he is entitled to Rs. 500/- and the concerned
Clerk of the office shall be paying the amount from his own
pocket.
6. The affidavit shows that the State has raised dispute
that it is ‘Gair- Majarua Thikedar Mazkur Kism’ and the same
is based on the report of the Revenue authorities. In that
background, this Court is of the opinion that when the State has
raised dispute, the petitioner has to move before a Competent
Civil Court for deciding her title.
7. Learned counsel for the petitioner submits that
appropriate petition shall be filed before a Competent Civil
Patna High Court CWJC No.868 of 2025(3) dt.07-04-2026
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Court.
8. Granting said liberty, the writ petition is disposed
of.
9. Let the matter come up under the heading ‘To Be
Mentioned’ on 21.04.2026 to peruse the compliance of the order
by which the Clerk has been asked to pay Rs. 500/- to Mr.
Ashok Kumar Gupta, learned counsel for the petitioner and the
receipt has to be filed by 10.04.2026.
(Rajiv Roy, J)
Vijay Singh/-
U
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