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Patna High Court

Savina KhatunversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




                                 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
                                                       3/3




                     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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