- (1.) Seeking a direction for providing employment and compensation to the petitioners on the ground that the land comprised in Mouza No.72, Khata No.288, Plot No.2159 situated at Mouza Nirsa has been occupied by the respondentM/s. Eastern Coalfields Ltd., the present writ petition has been filed.
(2.) In the writ petition, the petitioners have averred that though a proposal for acquiring 38.26 acres of land was initially moved on 12.01.1994, an area of 26.75 acres of land was approved vide letter dated 27.10.1994. It is admitted by the petitioners that the land belonging to the petitioners has not been acquired rather, the case of the petitioners is that, the land belonging to them has been illegally occupied by the respondent no.1. The learned counsel for the petitioners submits that unless a counteraffidavit is filed by the respondents denying the allegations made in the writ petition, the writ petition cannot be decided.
(3.) I am of the opinion that the petitioners have no legal right to seek direction upon the respondentM/s. Eastern Coalfields Ltd. seeking compensation and employment. If the case of the petitioners is that land belonging to them has been illegally occupied by the respondentM/s. Eastern Coalfields Ltd., the proper remedy is to approach the civil court seeking restoration of possession. Since, the petitioners have failed to make out a primafacie case, no counteraffidavit is required.;