IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4557 OF 2006 1. SUBHASH CHANDRA BHAGAT, SON OF LATE RAMSWARUP BHAGAT 2. ABDUL BAHAW KHAN, SON OF DOST MOHAMMAD KHAN 3. ABDUL GAPPHAR KHAN, SON OF MOHAMMAD KHAN 4. ABDUL JABBAR KHAN, SON OF DOST MOHAMMAD KHAN ALL RESIDENT OF GRAM PANCHAYAT RUPOHLI TEMTHA, POLICE STATION PARBATTA, DISTRICT KHAGARIA ……………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, KHAGARIA 3. THE DISTRICT LAND ACQUISITION OFFICER, KHAGARIA 4. THE ADDITIONAL COLLECTOR, KHAGARIA 5. THE SUB DIVISIONAL OFFICER, GOGARI JAMALPUR, KHAGARIA 6. THE CIRCLE OFFICER, PARBATTA, KHAGARIA 7. HARI PRAKASH TIWLARY, SON OF LATE KASHI PRASAD 8. SHRI PRAKASH TIWARY, SON OF LATE KASHI PRASAD 7 AND 8 ARE RESIDENT OF VILLAGE PARBATTA, POST OFFICE AND POLICE STATION PARBATTA, DISTRICT KHAGARIA ………………………………………………………………………..RESPONDENTS ******** 4 30/07/2010 A counter affidavit has been filed on behalf of respondent no. 2, paragraph 3 of which reads as follows:- “3. That without adverting to the different paragraphs of the writ petition the answering respondent, at the very outset of this counter affidavit, humbly states and submits that the prayer made in the writ petition to add the name of the petitioners in the list of displaced persons, whose houses are erode in the Ganga, and to settle the respective piece of acquired land to the petitioners and grounds formulated in support thereof being wholly misconceived and is fit to be rejected on the following grounds :- 2 (i) That according to the vacancy the names of petitioner nos. 1, 2 and 3 have been ordered by the then Collector, Khagaria vide letter no. 554/relief dated 13.12.1999 in the list of displaced persons. (ii) That in compliance of the order of the Collector, Khagaria, the names of petitioner no. 1 Subash Chandra Bhagat, son of Late Ram Swarup Bhagat, (2) Abdul Bahaw Khan, son of Dost Mohammad Khan (3) Abdul Gapphar Khan, son of Dost Mohammad Khan have been added in the list of 48 (forty eight) displaced capable formilies, according to vacancy. (iii) That grievance of the petitioner no. 4 will be redressed in accordance with the vacancy.” In view of the statement made at paragraph 3 of the counter affidavit, this Court finds no ground for interference in this matter. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )