IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13326 of 2008 1.GAYA PRASAD, son of late Nanhak Prasad Yadav resident of village Khirauti Dih, P.S.Ghoshi Dist. Jehanabad 2.Mahesh Prasad, son of Kishun Yadav, resident of village Chhapana, P.S.Ghoshi, Dist. Jehanabad------------------petitioners Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Land Reforms,Bihar Patna 3. The Collector, Jehanabad 4. The District Land Acquisition Officer, Jehanabad 5. The Block Development Officer, Ghoshi, Dist. Jehanabad 6. The Circle Officer,Ghoshi,Jehanabad- respondents ---- For the petitioners: Mr.Arun Kumar For the State : Mr.Piyush Lall,A.C.to AAG III ---- 3. 28.2.2009 The grievance of the petitioners is that the road under the Pradhan Mantri Gramin Sarak Yojana is being constructed through his raiyati land without his consent and without any acquisition of the said land by the respondent- State authorities. In the counter affidavit filed on behalf of the State it is stated that on the representation of the petitioner measurement was done by the Amin and after measurement report of the Amin the construction work has been stopped and the construction of the road would be made on Gair Mazaura Aam land on the basis of the report of 2 2 the Amin and the letter no. 223(M) dated 20.11.2008, which has been annexed as Annexure-A. The said letter has been written by the Circle Officer, Ghoshi (Jehanabad) to Iscon International Limited which is carrying out the construction of the road. However, learned counsel for the petitioners complains that despite such order of stoppage of the work over his raiyati land some construction is still being made over his raiyati land. In view of the stand taken in the counter affidavit, the writ application is disposed of with a direction to the Circle Officer, Ghoshi (Jehanabad) to ensure that no construction is carried out over the raiyati land of the petitioners and if any construction has been made the same shall be removed within a period of one month from the date of receipt/production of a copy of this order. (Ramesh Kumar Datta,J.) spal/