IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6966 of 2010 1. PRADEEP KUMAR TEWARI S/O LATE B.N.TEWARY R/O VILL , P.O. & P.S. PARBATTA, DISTT-KHAGARIA – Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY OLD SECRETARIAT, PATNA 2. THE SECRETARY-CUM-COMMISSIONER REVENUE AND LAND REFORM OLD SECRETARIAT, GOVT. OF BIHAR, PATNA 3. THE COLLECTOR KHAGARIA 4. THE BLOCK DEVELOPMENT OFFICER-CUM-CIRCLE OFFICER PARBATTA 5. THE ADDITIONAL COLLECTOR KHAGARIA – Respondents. ----------- 3 23.6.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the action of the State Government as his lands situated in Mauza Rahimpur under Parbatta Anchal appertaining to Tauzi no. 525, Khata No. 38, Khesra No. 48 measuring 1 acre and 9 decimals were taken over by the State Government because of the unprecedented flood in the river Ganges in 1976 causing erosion of about 11-12 KMs. Thousand of persons were rendered homeless in the aforesaid flood and needed to be evacuated. At that time the lands were utilised by the State Government for rehabilitation of the flood victims. The petitioner was paid part of the ground rent initially by the State Government which would be apparent from Annexure 3. Thereafter the State Government has stopped paying the ground rent. The Government has also not taken any step to evict the persons who have been settled on the petitioners land, nor have steps been taken to acquire the land or subsequently make payment by fixing the rent for the lands utilised by the State Government. A counter affidavit has been filed in which it has been stated on behalf of the Land Acquisition Officer that they are ready to abide by the orders passed by this court. 2 In this case it would be proper for the State Government through the Collector, Khagaria to initiate steps to fix the ground rent for the period for which the State Government has utilised the land and also to start land acquisition proceeding if the State Government intends to permanently utilize the land of the petitioner. In case the State Government does not wish to permanently take over the land of the petitioner, then it would be proper for them to either get the land vacated, as the State being a welfare organization is bound to act in a manner which is fair and reasonable. The decision either to acquire or to fix the rent for the interim period should be taken within a period of four months. This writ petition is disposed of with the aforesaid observations and directions. Let a copy of this order be handed over to AAG III who may forward the same to the Secretary cum Commissioner, Revenue and Land Reforms Department, Bihar, Patna and the Collector, Khagaria. haque (Sheema Ali Khan, J.)