The State must follow legal procedures before dispossessing a citizen from property and is obligated to provide compensation as per Article 300-A of the Constitution.

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 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 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 prope