IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12895 of 2011 1. Krishna Ballabh Prasad Singh S/O Late Brij Nandan Prasad Singh R/O Vill.-Ramchandrapur, P.S.-Sarairanjan, Distt.-Samastipur. 2. Ram Chandrs Prasad Singh S/O Late Radha Raman Prasad Singh R/O Vill.-Ramchandrapur, P.S.-Sarairanjan, Distt.-Samastipur. Versus 1. The State Of Bihar 2. The District Magistrate-Cum-Collector, Samastipur. 3. The Circle Officer, Sarairanjan Circle, Distt.-Samastipur. 4. The Mukhiya, Gram Panchayat Raj Bajitpur Meyari, P.S.- Sarairanjan, Distt.-Samastipur. ---------------------------------- 3 16.11.2011. The petitioners pray to direct the respondents not to construct cemented road on their Khatiyani ancestral land, namely, Old Khesra No. 576, Khata No. 105, Tauzi No.12200 having area of 4 Katha 3 dhur situated in village Ramchandrapur Police station Sarairanjan, District Samastipur. The petitioners submit that a public road exists from before on plot no 574. The respondents of late are expanding the width of the road and in the process is making encroachment on his land without acquiring his land. State in its counter affidavit has stated that respondents are merely strengthening the already existing 30 years old road. However, counter affidavit does not state whether the old road stands on plot no. 574 or on 576. As the petitioners do not deny that the public road lies on plot no. 574, respondents can continue strengthening the same vis-à-vis plot no. 574. The petitioners can make a detailed representation before the Collector, Samastipur alleging that the respondents 2 are encroaching his ryati land of plot no. 576 in process of widening and strengthening the existing road. The Collector would get the claim of the petitioners verified whether construction is being made on their ryati land. In case, the Collector finds that the construction is being made on private land of the petitioner, he would stop the same. The verification should be done within three weeks from date of receipt of representation along with copy of this order. No construction would commence on plot no. 576 from date of receipt of copy of representation. The writ petition stands disposed of. Shashi. (Samarendra Pratap Singh, J.)