Nafisa Bai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13674 of 2025 ====================================================== Nafisa Bai, Daughter of late Yusuf Bhai @ Syed Yusuf Bhai, Resident of Mahavir Marg, P.O. and P.S.- Kishanganj, District -Kishanganj and also at F703, Munir Tower, Alefiya Colony, Near Taheri Hall, Godi Road, Dahod, Gujarat-389151.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar 2.

The Collector Cum District Magistrate, Kishanganj 3.

The District Land Acquisition Officer, Kishanganj 4.

The District Land Acquisition Officer, Purnea 5.

The Director, Horticulture, Department of Agriculture, Govt. of Bihar, Patna 6.

The Director, Co-operative Department, Veerchand Patel Road Bihar, Patna800015. 7.

The Sub-divisional Officer, Kishanganj 8.

The District Development Officer, Kishanganj 9.

The Anchal Adhikari, Kishanganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha, Advocate For the Respondent/s :

Mr.K.P. Gupta, G.P 10 Mr.Satya Vrat, AC to GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 30-08-2025 In a previously filed writ petition registered as C.W.J.C. No. 14920 of 2024, a Co-ordinate Bench of this Court vide order dated 7th of October, 2024 disposed of the said writ petition giving liberty to the writ petitioner to approach before the District Magistrate, Kishanganj by filing an appropriate application and the documents in support of her claim within four weeks from the date of passing of the order. Subsequently,

Patna High Court CWJC No.13674 of 2025(2) dt.30-08-2025 2/3 time period was extended vide order dated 29th of October, 2024 by the Co-ordinate Bench. Within the extended period of time, the petitioner filed an application before the District Magistrate, Kishanganj, stating, inter alia, that the land in question was originally owned by her father and after the death of her father, she inherited the property and she had been possessing the said property paying rent to the State Government.

2. The District Magistrate obtained a report from the Circle Officer, Kishanganj and from the report of the Circle Officer, the petitioner came to know that the land in question was acquired in the year 1976 in Land Acquisition Case No. DLA PUR - 01 / 1976. It is the case of the petitioner that she did not receive any notice of the said acquisition case and no compensation was paid under the provision of Land Acquisition Act, 1894.

3. On being asked, it is submitted by the learned Advocate on behalf of the petitioner that the father of the petitioner was alive in 1976. There is no document filed by either of the parties to apprise this Court as to whether notice under Section 4 of the 1894 Act was received by the father of the petitioner.

4. Be that as it may, if compensation is not paid,

Patna High Court CWJC No.13674 of 2025(2) dt.30-08-2025 3/3 petitioner is entitled to get compensation amount along with interests from the date of declaration of the award till the date of payment of compensation.

5. Under such circumstances, the instant writ petition is disposed of giving liberty to the petitioner to file appropriate application before the competent authority for payment of compensation.

6. If due to non-payment of compensation, it is referred to the Principal Judge of the District, the petitioner is at liberty to file appropriate application to the Collector requiring the matter to be referred by the Collector for the determination of the Court for payment of compensation.

7. Entire action shall be completed within six months from the date of communication of this order.

8. The instant writ petition is, thus, disposed of. (Bibek Chaudhuri, J) uttam/- U