Savina Khatun v. The State Of Bihar

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 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