The State must follow legal procedures to dispossess an individual from property and is obligated to compensate unless justified otherwise.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 27-01-2026 Heard Mr. Waliur Rahman, along with Mr. Roshan Kumar Mishra, learned counsels appearing on behalf of the petitioner and Mr. Dr. Md. Raisul Haque, learned SC 10 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:-

“1. That this is an application for issuance of appropriate writ/writs, order/ orders, direction/

directions for following reliefs:

(i) For direction upon the respondent authorities to consider and act pursuant to the representation dated 15-11-25 and do the needful for the redressal of the legitimate claim of petitioner in accordance with law.

(ii) For direction upon respondents authority to remove the illegal forcible possession from the Rayati land of the petitioner and also direct the state authorities to remove the illegal constructions or to vacate the same and further handover the peaceful possession of the land in dispute and structure having in some portion to the petitioner, where the state themself grab and encroached upon the Rayati land of the petitioner.

(iii) For in alternative if it is not possible to grant the relief no.1, then direct the State Authorities to acquire the land in view of 2013 land acquisition law and pay an adequate compensation to the petitioner.

(iv) For that to request to the Hon'ble Court to take appropriate legal action against the State Authorities for their illegal and unlawful activities or act over the Rayati land of the petitioner for which the petitioner has to face unnecessary harassment and mental agony.

(v) For also direct to concern authority, Khagaria to issue rent receipt in the name of the petitioner after necessary Parimarjan in the portal in place of her father died subsequently and on the basis of gift by her father she entitled own the same. (vi) To pass such other order/ orders which deems fit and proper in the facts and circumstances of present case.”

3. Learned counsel appearing on behalf of petitioner submitted that the petitioner seeks removal of illegal construction over the Khatiyani/Raiyati land, as described in para 4 writ application, which is as under;

Jamabandi Khata No. Khesra No. Area No.

7 156 Gha 5/639 0B-10K-0Dhur

157 Gha 0B-10K-0Dhur ” 5B-0K-0Dhur ” 0B-5K-4Dhur ” 158/637 0B-4K-2Dhur Total Area 6B-9K-6Dhur

8 156 Gha 5/639 0B-10K-0Dhur

156 Gha 5 0B-10K-0Dhur

158 Gha 1 2B-0K-0Dhur Total Area 3B-0K-0Dhur

9 74 K 92 1B-05K-

17Dhur Total Area 1B-05K-

17Dhur The petitioner for quick removal of illegal construction has filed a representation before the District Magistrate, Khagaria for restraing to raise any further structure over the above described area of plots, however, instead of taking any action on the representation dated 15.11.2025, the District Administration is sitting tight over the same, defeating the petitioner’s right, as enshrined under Article 300 A of the Constitution of India .

4. The mandate of the Article 300- A of the Constitution of India states that “No person shall be deprived of his property save by the authority of law.”

5. The State cannot disposes a citizen of his property except in accordance with law and procedure prescribed. The obligation to pay compensation is not expressively included in Article 300-A of the Constitution of India can be inferred in that Article. The law in this regard is well settled by the Apex Court in case of Vidaya Devi Vs. The State of Himachal Pradesh & Ors. reported in 2020(2) SCC 569 , I find it proper to quote the para-12.1 and 12.2 of the said judgment, which are inter alia reproduced hereinafter;

“12.1. The appellant was forcibly expropriated of her property in 1967, when the right to property was a fundamental right guaranteed