S.J.MUKHOPADHAYA,.J. - (1.) THIS application has been preferred by petitioner for a direction on the respondents to settle 6 decimals of land in his favour, he being a refugee of East Bengal (now Bangladesh).
(2.) COUNSEL for the State was asked to file affidavit whether any scheme for rehabilitation of refugee has been framed by the State/Union of India or not. Inspite of specific question no specific reply in this regard has been filed by the State. The only plea being taken by the respondents is that the father of the petitioner, late Garib Dubey was provided with a barrack. Counsel for the petitioner submitted that the barrack of one room was given to each of the refugees of East Bengal who had settled in the Chousagari Area of Deoghar Town. Three decimals of land in front of the barrack and three decimals of land in the back portion of the barrack total six decimals as available with the barrack have been settled with all other refugees but no such settlement has been made in favour of the petitioner.
(3.) THE respondents in their counter affidavit have not disputed that the lands have been settled by the respondents in favour of other refugees who are similarly situated and they have also not disputed that petitioner is one of the refugees who came along with his father.;