IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15443 of 2007 SHANKAR RAJBANSHI Versus THE STATE OF BIHAR ----------- 4. 22.7.2008. Heard learned counsel for the petitioner, State and the counsel for the Intervener. 2. Petitioner is a refugee from erstwhile East Pakistan, now Bangladesh. It is submitted on his behalf that he along with others migrated to India in the year 1959 and for rehabilitation of the refugees coming from East Pakistan to India, the Government issued notification acquiring lands under the provisions contained in Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act, 1950. Proposal containing such acquisition was notified by the State Government in the official gazette which is dated 28th February 1961 and is contained in Annexure- 1A to this application. Said proposal is also referred to in the earlier orders of this Court dated 28.5.2007 passed in M.J.C. No. 2300 of 2005. 3. It is submitted on behalf of the petitioner with reference to the instructions issued by the Deputy Secretary of the Disaster Management Department bearing letter No. 925 dated 28.5.2004, Annexure-6(A) that in consideration of the proposal dated 28.2.1961 to acquire lands for rehabilitation of the refugees coming from East Pakistan, lands measuring 11.73 acres was actually acquired. On the basis of the pleadings made in the writ application, it is further submitted on behalf of the petitioner that in course of time petitioner and other refugees have been enjoying peaceful possession of the - 2 - lands settled with them as each of the refugee was allowed 12.5 decimals of land for homestead and other portions for agriculture purpose. Of late, the administration is trying to take back the lands settled in favour of the petitioner and other refugees by settling portions of the lands which were acquired for the refugees with others including the intervener who has been settled 1.58 decimals of land in Plot No. 1356 appertaining to Khata No. 837 which is also part of the same block of 11.73 acres of land which was acquired for rehabilitation of the refugees pursuant to the proposal of the State Government dated 28.2.1961. As the lands of Plot No. 1356 is within the same block of land which was acquired for rehabilitation of the refugees coming from East Pakistan could not have been settled with the intervener who may be an army personnel having received injury during the Kargil War but as he is presently employed with the Army and not demobilized such settlement according to the learned counsel for the petitioner is wholly without jurisdiction. 4. From the counter affidavit filed on behalf of the State Respondents it appears that the papers concerning the settlement made in favour of the refugees coming from erstwhile East Pakistan to India has been lost, as such, according to the State Respondents it is difficult for them, at this stage to pinpoint whether Plot No. 1356 also appertains to the same block of land which was acquired for settlement with the refugees. Papers may have been lost in the Collectorate at Bhagalpur but the corresponding papers concerning the acquisition made in the Rehabilitation Department of the State in the - 3 - light of the proposal dated 28.2.1961 must be available in the State Secretariat, as such, I direct the Divisional Commissioner, Bhagalpur to interact with the authorities of the Relief and Rehabilitation Department as also the Disaster Management Department in the State Secretariat and make enquiry with reference to the records as to whether Plot No. 1356 is part of the same block, which was acquired for the refugees in 1961 over which petitioner and other refugees have a bona fide claim and if that be so then appropriate orders cancelling the settlement of the intervener be passed of course after providing him with opportunity of being heard. Purpose of acquisition being rehabilitation of refugee(s) from East Pakistan, intervener may be a serving army personnel could not have been settled with the lands which was acquired for rehabilitation of the refugees from East Pakistan. Necessary exercise in terms of this order be conducted by the Divisional Commissioner, Bhagalpur as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order. It is, however, made clear that if the petitioner or any other refugee has sold any part of the land settled to them, then such sale deed must be cancelled forthwith by the District Registrar who is the Collector of the District. Intervener is also at liberty to enforce his rights by filing his writ application. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)