IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1799 of 2009 RAJA RAM SHARMA Versus THE UNION OF INDIA & ORS ----------- 3. 07.12.2010 Heard learned Counsel for the petitioner, the State and for Respondents 6 & 7, National Project Construction Corporation of India. The petitioner is aggrieved by what he alleges as unlawful interference with his lands in Village Mirzapur, P.S. Didarganj, Patna City identified as Plot nos. 161 & 162 measuring 35.52 dec. for construction of a public road. Respondents 6 & 7 are only executing agents when the works have been awarded by the State Government. The counter affidavit of the State Government affirmed by the Additional District Land Acquisition Officer, Patna states that no requisition has been preferred/filed by Respondents 6 & 7 for acquisition of Plot nos. 161 & 162 in Village Mirzapur, PS Didarganj, Patna City. After saying so the deponent proceeds to state that the writ petition nonetheless should be dismissed. The counter affidavit is thoroughly disappointing. The Court refrains from making any further observations. The matter is appropriately referred to the Secretary, Department of Revenue and Land Reforms for consideration as to the manner in which the Court proceedings are treated with casualness by the officials of the State unmindful of their duty and responsibility to file responsible counter affidavit assisting the Court in dispensation of justice. The writ petition has to be allowed. The respondents in view of their own stand in the counter affidavit are restrained from interferring with the enjoyment and possession of the lands of the petitioner as identified above except in accordance with law. If the respondents unauthorisedly have interfered with the lands of the petitioner by either excavation or uprooting of crops, and the petitioner files an application for compensation before the District Magistrate, Patna, it is required to be considered and disposed off by a reasoned and speaking order preferably within a maximum period of three months from the date of receipt and/or presentation of a copy of this order along with such representation. The writ application is allowed. Snkumar/- (Navin Sinha,J.)