GORAKHNATH TIWARI Vs. STATE

JUDGEMENT

(1.) AFTER having heard the learned counsel for the parties, this writ application is being disposed of at the time of admission itself on the basis of the averments made therein since no counter affidavit has been filed on behalf of the state -respondent. In this case, the greivance of the petitioner is that his Raiyati land appertaining to plot nos. 241, 254 of khata no. 1 and khata no. 48, plot nos. 231 and 22 situated in the village Belhari, P.S. Garhwa, in the district of Garhwa is sought to be taken away without any authority of law. It is stated that till date no proceeding, either under the Land Acquisition Act, or any proceeding has been initiated for acquiring the aforesaid land. The submission of the learned counsel for the petitioner is not being disputed by the learned counsel appearing on behalf of the State respondent. In that view of the matter, the respondents authorities are restrained from disturbing the possession of the petitioner unless and until an appropriate proceeding is initiated for acquiring the aforesaid land and after paying the proper compensation. Unless, the appropriate proceeding is initiated by tile respondents authorities, status quo with regard to the land in question shall be maintained. This disposes of this writ application.