By the Court.—Heard Shri Anurag Pathak, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents.

2. The petitioner is owner of plot No. 191 area 0.8 decimal (32 Ayar) situated in Mauja Ghatampur, Pargana Kaswar Raja, District Varanasi. In CH Form 2-Ka the plot is shown to be measuring 28 Ayar. In the year 1981 the possession of the plot No. 191 was taken by the Irrigation Department for installation of a government tubewell without acquiring the land or paying any compensation. The petitioner made several representations in the years 1986, 1991 and 1999 to the Executive Engineer, Tubewell Constructions Division-I, Varanasi without any result. He filed a Writ Petition No. 3816 of 2000 in which this Court, by its order dated 27.1.2000, directed the District Magistrate, Varanasi to decide his representation. The District Magistrate, Varanasi issued notices to the petitioner and the Executive Engineer, Tubewell Constructions Division-I, Varanasi. In his order dated 29.3.2002 the District Magistrate observed that the Executive Engineer in his letter No. 832 dated 3.3.2000 has accepted that tubewell No. 3 was constructed in the year 1981 but for s