IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.161 of 2008 RAJESHWAR PRASAD, S/O SHRI DINANATH PRASAD, RESIDENT OF VILLAGE- GHORASAHAN, P.O. & P.S.- GHORASAHAN, DISTRICT- EAST CHAMPARAN. … PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE-CUM-COLLECTOR, EAST CHAMPARAN. 3. THE S.D.O. SIKARAHNA, EAST CHAMPARAN, MOTIHARI. 4. THE CIRCLE OFFICER, GHORASAHAN, BLOCK- GHORASAHAN, DISTRICT- EAST CHAMPARAN. … RESPONDENTS. For the Petitioner: M/s. S.P. Srivastava and Rajeev Ranjan, Advocate. For the State: Mrs. Alka Verma, AC to AAG IX. ----------- 4. 04.1.2011. Heard learned counsel for the petitioner and the State, also perused the counter affidavit filed by Circle Officer, Ghorasahan, Respondent No.4. 2. Petitioner is aggrieved by the order dated 2.7.2007, whereunder his land possession certificate bearing memo no. 147 dated 27.6.2007 has been cancelled observing that the land possession certificate was granted in favour of the petitioner contrary to the entries made in the revenue records as from the revenue record it appears that the lands in question has been recorded as a village road. It is further submitted on behalf of the petitioner that having cancelled the land possession certificate the authorities have raised Panchayat Bhawan over the lands in 2 question and if the lands in question is village road there was no occasion for the authorities to have raised Panchayat Bhawan over the same. 3. Counsel for the State with reference to the averments made in the counter affidavit attempted to explain the position by stating that the Panchayat Bhawan has been raised on such portion of the village road which is not used as road. Assuming the aforesaid submission to be true this Court may like to observe that even redundant portion of the road is required to be used as land for earth filling or leveling the road or for broadening the road and not for raising the Panchayat Bhawan. In the instant case the dispute is about the title of the petitioner over 14 decimals of lands in question as according to the petitioner the lands in question was acquired by his great grand-father namely Sri Thakur under registered Sale Deed No. 250 dated 14.1.1924 and through Settlement Case No.233/1963-64 and the authorities have no jurisdiction to raise any Panchayat Bhawan over the same. 4. Having heard counsel for the parties and considering the fact that the Panchayat Bhawan has already been raised, I dispose of the 3 writ petition granting liberty to the petitioner to file a Civil Suit before the competent court of civil jurisdiction seeking declaration of his title over the lands in question as also the fact that land possession certificate was cancelled by the Circle Officer without application of mind as also without perusal of the record maintained in the Circle Office. In case the declaration sought for by the petitioner is made by the court below, the court below shall also consider the desirability of awarding suitable compensation to the petitioner. Ibrar/- ( V.N. Sinha, J.)