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Judgment
Aftab Alam, J.—The counter affidavit filed on behalf of the Collector does not deny the factum position that the lands of plot Nos. 1869, 1870, 1871 and 1872, situated in village parmanandpur, Circle Kahalgaon in the district of Bhagalpur are the raiyati lands of the Petitioner.
That being the position this Court finds the stand of the Collector legally incomprehensible that simply because the Government land has gone into the river and there is no alternative land for landing (sic)eterials, the government should occupy (sic)ose plots for landing purpose ''in public (sic)erest temporarily'' and till such time as (sic)e government land should come out from (sic)e bed of the river.
From the counter affidavit it appears that the Collector has gone to the (sic)dent of directing for cancellation of the (sic)mbandi of the disputed plots and for in-tearing them in the spirit register. The season of the Collector is bad and illegal second question and it is tantamount to confiscation of citizens'' property in violation of their constitutional and legal rights.
In case the public purpose so demands the Collector is expected to know at there are provisions of Land Acquisition Act for meeting such exigencies but in (sic) circumstances he can act in a manner not sanctioned by law and forcibly occupy he land of the citizens without payment of compensation etc.
The Collector is, therefore, directed (sic) remove his occupation from the discounted without a moment''s delay.
In the result, this writ petition is allowed with the aforesaid observations and directions.