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2003 DIGILAW 593 (PAT)

Hari Kishor Mandal v. State Of Bihar

2003-05-23

AFTAB ALAM

body2003
Judgment 1. The counter affidavit filed on behalf of the Collector does not deny the factual position that the lands of plot nos. 1868, 1670, 1871 and 1872, situated in village parmanandpur, Circle Kahaigaon in the district of Bhagalpur are the raiyati lands of the petitioner. 2. That being the position this court finds the stand of the Collector legally incomprehensible that simply because the Government land has gone into the river and there is no alternative land for landing materials, the government should occupy those plots for landing purpose in public interest temporarily and till such time as the government land should come out from the bed of the river. 3. From the counter affidavit it appears that the Collector has gone to the extent of directing for cancellation of the jambandi of the disputed plots and for entering them in the sairat register. The action of the Collector is bad and illegal beyond question and it is tantamount to confiscation of citizens property in violation of their constitutional and legal rights. 4. In case the public purpose so deands the Collector is expected to know that there are provisions of Land Acquisition Act for meeting such exigencies but in no circumstances he can act in a manner not sanctioned by law and forcibly occupy the land of the citizens without payment of any compensation etc. 5. The Collector is, therefore, directed to remove his occupation from the disputed plots without a moments delay. 6. In the result, this writ petition is allowed with the aforesaid observations and directions.