IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.548 of 2009 AMAR KISHOR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 5. 06.12.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. A counter affidavit is stated to have been filed on behalf of the State. The same is not available on the record. The Counsel is unable to state the date of filing. Let the office trace it out and place on record. The Court therefore requested the Counsel for the State to make available his copy for perusal so as not to hold up the proceeding. Let the office retain a xerox copy of the counter affidavit on record. The petitioner seeks a mandamus to stop construction of a School building over his lands at Khata no. 5, Plot no. 335 measuring 19.5 dec. falling within Mansa Raut (Bari Tola) Village of Bettiah Mufassil Police Station, West Champaran and to remove all encroachments made by the respondents upon the same by fully implementing the order dated 24.10.2008 passed by the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar at Patna. In view of nature of the order to be passed, this Court does not consider it necessary to discuss the facts of the case except to the extent necessary for the purpose of the present order. It is the case of the petitioner that he is a retired Military personnel. He was settled lands in question in the year 1989 along with his wife measuring a total of 19½ dec. The settlement was sought tobe reduced to 12½dec. on 9.12.2006. In Appeal 2 No. 8/2007 the matter was remanded to the Collector on 20.5.2008 where it is still pending and without disposing the appeal the respondents are purporting to make construction on his settled lands. Suffice it to note that Annexure 9 dealt with in para 25 of the writ application is a letter of the Principal Secretary, Revenue and Land Reforms Department addressed to the Collector, West Champaran at Bettiah directing him to immediately stop further construction till such time that the matter is not disposed in accordance with law under the intimation to the State Government. A counter affidavit has been filed affirmed by the Block Development Officer cum Circle officer, Bettiah on behalf of himself as also the District Magistrate, the District Superintendent of Education, the Sub Divisional Officer, Bettiah. Dealing with para 25 read with Annexure 9 of the writ application, the counter affidavit in para 28 states that the District Magistrate enquired into the matter and found that no construction work is being done over the settled land of the petitioner. The manner in which the counter affidavit deals with para 25 of the writ application supported by Annexure 9 disappoints the Court. The Court refrains from making any further observation. In the facts and circumstances this writ application has to be disposed with a direction that till such time that the District Magistrate does not dispose of the appeal of the petitioner after remand made to him on 20.5.2008 by the Commissioner the 3 order of the Principal Secretary dated 24.20.2008 shall continue to operate and the respondents are restrained from interfering with the possession of the petitioner over the lands settled with him and in the event that any constructions have been raised by the respondents they are directed to remove the same forth with subject to final orders that may be passed in the matter by the District Magistrate in the appeal pending before him. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)