IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5878 of 2008 JANKI DEVI, WIFE OF LAL CHAND RAM, RESIDENT OF VILLAGE AND POST- UMRANWGANJ, P.S.- BIHIYA PRAKHAND- SHAHPUR, DISTRICT- BHOJPUR (BIHAR). … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. DISTRICT COLLECTOR, BHOJPUR 3. ADDITIONAL DISTRICT COLLECTOR (REVENUE DISTRICT, BHOJPUR. 4. S.D.O. JAGDISHPUR, BHOJHPUR AND 5. D.C.L.R., REVENUE D.D.C. BHOJPUR 6. THE THEN B.D.O. BINOD KUMAR MISHRA SHAHPUR 7. PRESENT B.D.O. 8. C.O. SHAHPUR. .. RESPONDENTS. ----------- 4. 13.12.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner claims herself to be the raiyat of Plot No.1286 and 1287 appertaining to Khata No.84, area 10, 16 decimal of village Karja in the District of Bhojpur. It is submitted on her behalf that over the aforesaid lands the authorities raised Indira Awas and allotted the same to the other members of the weaker section of the society. It is also submitted on behalf of the petitioner that without any acquisition of the lands in question the same could not have been utilized for raising Indira Awas for others of the weaker section of the society. In this connection, petitioner filed petition dated 28.9.1989 before the Collector, Bhojpur copy whereof is contained in 2 Annexure-1 to this application. Prior thereto, similar application was filed before the Additional Collector and the Sub-divisional Officer, Sadar and reference of such application is made in Annexure-1. A petition was also filed before Hon’ble the Chief minister on 22.7.1992 copy whereof is contained in Annexure-3 to this petition. The Collector, Bhojpur took cognizance of the allegations made in Annexures-1 and 3 and directed the Block Development Officer, Shahpur to inquire into the matter and such direction is contained in letter of the Collector, Bhojpur bearing Memo No. 2312 dated 28.7.1992, Annexure-4. The inquiry ordered by the Collector did not bear any fruits and petitioner remained dispossessed of her aforesaid lands. Later, a Miscellaneous case was also registered by the Anchal Adhikari, Shahpur vide Case No.18 of 1993-1994 in which direction was given to measure the lands of the petitioner and such direction is contained in Annexure-6 to this application. Later, the Deputy Development Commissioner, Bhojpur under letter no. 239 dated 1.2.2006, Annexure-8 directed the Sub-divisional Officer, Jagdishpur to inquire and fix responsibility 3 for the illegal construction of the Indira Awas in the name of M/s. Madan Ram, Luxmi Ram and Bhaker Ram in the raiyati land of the petitioner. From the contents of Annexure-8, it is quite evident that Indira Awas of M/s. Madan Ram, Luxmi Ram and Bhaker Ram has been raised in the raiyati land of the petitioner and direction was given to fix the responsibility for the illegal construction in the raiyati land of the petitioner. Petitioner has approached this Court for a direction to the authorities to either restore her possession over the lands in question or to grant her adequate compensation for the land over which the Indira Awas of others have been raised. This petition was filed on 10.4.2008 and has remained pending for over two years but till date no counter affidavit has been filed on behalf of the State-respondent disputing the contents of the letter no. 239 dated 1.2.2006, Annexure-8. Although, State-counsel requested the District administration Bhojpur to file counter affidavit in the matter vide several letters which is in the file of the State-counsel. 3. Having heard counsel for the parties, I direct the Deputy Development Commissioner, 4 Bhojpur who is the author of the letter dated 1.2.2006, Annexure-8 to either restore the possession of the petitioner over the lands in question or to grant her adequate compensation for the lands over which Indira Awas of M/s. Madan Ram, Luxmi Ram and Bhaker Ram has been raised, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the Deputy Development Commissioner, Bhojpur. 4. The writ application is accordingly, disposed of. Ibrar/- ( V.N. Sinha, J.)