IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5298 of 2009 MAHENDRA JHA, son of Late Shyamanand Jha, resident of village Sangi, P.S. Phulparas, District Madhubani ……..petitioner Versus 1. THE UNION OF INDIA through the Secretary, Department of Surface Transport, Govt. of India, New Delhi 2. National Highway Authority of India, New Delhi through its Chairman 3. The Chairman, National Highway Authority of India, New Delhi 4. The Project Director, Darbhanga Division, National Highway Authority of India, Darbhanga 5. The District Magistrate, Madhubani 6. The Sub-divisional Officer, Phulparas, Madhubani 7. The Superintendent of Police, Madhubani 8. The Sub-divisional Police Officer, Phulparas, Madhubani 9. The Station House Officer, Police Station, Phulparas, Madhubani 10. B.S.C-C & CJV a joint venture between B. Seenaiah (Projects) Ltd. & C & C Construction Ltd. Jai Plaza, Clear View Building C-1/B Old DLF Colony, Gurgaon (Haryana) through its Authorized Signatory, Shailendra Kumar S/o Sri Hari Shanker Prasad R/o Flat no. 404, Dukhan Ram Plaza, Exhibition Road, PS Gandhi Maidan, District Patna ………respondents ----------- 12 19-11-2009 Heard the parties. After giving sufficient consideration to all the materials on record and the contentions of the rival parties, it appears that lands adjacent to National Highway under construction belonging to different RAIYATS were exploited for the purpose of removing earth to be used in construction of Highway. It further appears that the names of land owners with whom agreements were entered into by the contractor have already been furnished along with maps showing different plots from which earth was removed and also the plots which fall under the aforesaid area and are also subject matter of the writ petition. The petitioner/co-villagers have prayed this court to ensure that they being owner of the plots in question are not deprived of the value of earth removed from their lands. Now, the 2 materials show that there has arisen a dispute as to whether others are owners of the exploited lands or the writ petitioner/ co- villagers. In the facts of the case, it is not possible to decide the aforesaid issue in public interest litigation. Prima facie, it is clear that contractor has removed earth and has paid money for the same in support of which list of RAIYATS along with agreements has been furnished to this court through different counter affidavits. In the aforesaid facts and circumstances, we do not feel persuaded to pursue this matter any further in public interest. The writ petition is, therefore, disposed of. It goes without saying that if individual persons feel cheated by other RAIYATS or by the Company, they may sue the person concerned through appropriate proceeding and seek relief in accordance with law. BKS/- (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.)