IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9546 OF 2008 1. RAMBINOD RAI, SON OF LATE TRIPTI NARAYAN RAI 2. LALAN RAI, SON OF LATE TRIPTI NARAYAN RAI 3. BIBHUTI SHANKAR RAI, SON OF LATE RAJNARAYAN RAI 4. RAMBABU RAI, SON OF LATE HARI KANT RAI 1 TO 4 ARE THE RESIDENTS OF VILLAGE AND POST OFFICE BHIRHA, POLICE STATION ROSERA, DISTRICT SAMATIPUR (BIHAR 5. MANIKANT ISSAR SON OF ASHARFI ISSAR, RESIDENT OF VILLAGE AND POST OFFICE SURAULI SAHPUR, POLICE STATION BHIBHUTIPUR, DISTRICT SAMASTIPUR (BIHAR) …………………………………………………………………….. PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY -CUM- COMMISSIONER, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, BAILEY ROAD, PATNA 3. THE DISTRICT MAGISTRATE -CUM- COLLECTOR, SAMASTIPUR 4. THE ADDITIONAL COLLECTOR, SAMASTIPUR 5. THE DISTRICT LAND ACQUISITION OFFICER, SAMASTIPUR 6. THE SUB DIVISIONAL MAGISTRATE -CUM- SUB DIVISIONAL OFFICER, ROSERA, SAMASTIPUR 7. THE CIRCLE OFFICER, ROSERA CIRCLE, SAMASTIPUR 8. THE EXECUTIVE ENGINEER, DRAINAGE DIVISION, GANDAK PROJECT COMPOUND, JITWARPUR, SAMASTIPUR 9. THE ASSISTANT ENGINEER, DRAINAGE DIVISION, GANDAK PROJECT COMPOUND, JITWARPUR, SAMASTIPUR 10. THE SUPERINTENDENT OF POLICE, SAMASTIPUR 11. THE OFFICER-IN-CHARGE, ROSERA POLICE STATION, ROSERA, SAMASTIPUR …………………………………………………………………….RESPONDENTS ******** 6 31/07/2009 A Land Acquisition Proceeding was initiated in order to facilitate the construction of a drainage scheme for which 3 acres 53 decimals of lands were acquired. During the proceeding, form 17 was issued on 17.02.2006 and the District Land Acquisition Officer purported to take possession over 4 acres 15 decimals of land which was resisted by the petitioners. The 2 petitioners have moved this Court with a prayer that the respondents should be restrained from dispossessing them from their lands as the lands in question are not the subject matter of any land acquisition proceeding. A counter affidavit was filed by Mr. Sunil Kumar who is the Executive Engineer of the Drainage Division, Samastipur. In the said affidavit, he has stated at paragraph 1 that he has been duly authorized by the competent authority to swear this counter affidavit. The authority letter is part of the records which was produced before the AAG VII. The said letter of authorization is letter no. 141 issued under the signature of the Collector of Samastipur District dated 19.09.2008. In the said affidavit at paragraph 3 (ii), it has been stated that “the aforesaid total involved 5.215 acres land of Bhirha Mauza 3.53 acres is private land for which acquisition is being made and rest 1.685 acres is Government land (Gair Mazarua Khas) whose survey plot nos. are listed bellows:- i.e. 440, 438, 433, 423, 422, 434, 502, 503, 507, 642, 641, 645, 640, 647, 639, 630, 631, 632, 633, 634, 635, 638, 636, 637, 789, these Government land are in possession of different persons for which no compensation are allowed”. This Court by order dated 01.05.2009 has recorded that the petitioner has produced the Revisional 3 survey khatiyan which indicates that some of the plots in question belong to the petitioner and are his raiyati lands. Learned Counsel for the State was then directed to file a supplementary counter affidavit explaining the circumstances under which they were disturbing the possession of the petitioners without any land acquisition proceedings. Accordingly, a supplementary counter affidavit was filed before the Court yesterday i.e. on 30.07.2009 in which it has been stated at paragraph 4 that besides what has been stated in the counter affidavit on behalf of respondent nos. 3 to 7 vide oath no. 3568 dated 20.10.2008 filed by the Executive Engineer, Drainage Division, Samastipur, it is necessary to give fresh facts for just and proper adjudication of the case. The affidavit indicates that the Circle Officer, Rosera vide letter no. 397 dated 27.06.2009 reported a fresh fact in which it has been stated that the lands mentioned in paragraphs 8, 9 and 10 of the writ application are the raiyati lands of the petitioners. Having received this information, the District Magistrate, Samastipur vide memo no. 2499/C.G. dated 27.07.2009 directed the Executive Engineer, Drainage Division, Samastipur to stop work on the lands mentioned in paragraphs 8, 9 and 10 of the writ application. 4 This Court is surprised at the callous manner in which the counter affidavits are filed before this Court by the State Authorities. The Collector who is the head of the district and also the Officer. Incharge of all the revenue records of the district ought to have confirmed the facts before authorizing the Executive Engineer to file an affidavit in Court giving absolutely false facts. Equally, the Executive Engineer, Drainage Division, Samastipur who has sworn the affidavit cannot be exonerated for filing an affidavit without confirming the facts relating to the status of the lands which were being utilized by the Land Acquisition Officer. It is also surprising that the Land Acquisition Officer issued form 17 under the Land Acquisition Act and seeks to take possession over lands in excess of what was notified under Section 45(1) of the Land Acquisition Act. Taking a lenient view of the matter ignoring the false affidavit filed earlier, this Court directs that the Collector, Samastipur and the Executive Engineer, Drainage Division, Samastipur to pay a cost of Rs. 7,000/- (seven thousand) each to the petitioners within a period of three months from the date of receipt/production of a copy of this order. As far as the prayer in the writ application is concerned, in view of the statement made in the 5 supplementary counter affidavit that the Land Acquisition Officer, Samastipur and the Executive Engineer, Drainage Division, Samastipur are not going to disturb the possession of the petitioners except in accordance with law, no further action need be taken in this case by this Court. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )