IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15011 of 2009 KANHAI LAL RAI @ KANHAI LAL SINGH, SON OF LATE SANT LAL RAI, RESIDENT OF VILLAGE SHEOCHAK, P.S. GAURICHAK, DISTRICT PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE SECRETARY RURAL WORKS DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, PATNA. 4. THE DEPUTY DEVELOPMENT COMMISSIONER, PATNA. 5. THE CHIEF ENGINEER, RURAL WORKS DEPTT. BIHAR, PATNA. 6. THE EXECUTIVE ENGINEER RURAL WORKS DEPATT. WORKS DIVISION, PATNA. 7. THE DISTRICT LAND ACQUISITIVE OFFICER, PATNA COLLECTORATE, PATNA. 8. THE CIRCLE OFFICER, BLOCK SAMPATCHAK, DISTRICT PATNA. ... ... RESPONDENTS. ----------- 2. 9.11.2009. Heard learned counsel for the petitioner and the State. Petitioner is the raiyat of Plot Nos.225 and 226 appertaining to Khata No.72 of village Sheochak, Mauza Jujharpur, Circle Sampatchak in the district of Patna. He has filed this writ application praying inter alia to direct the State respondents to ensure that the village road is not laid over the aforesaid lands as till date those lands have neither been voluntarily offered by the petitioner for laying the road nor the same has been acquired by the State for such purpose and according to the petitioner the - 2 - authorities have no authority to lay road over the two plots. In response to the aforesaid submission, counsel for the State submitted that the village road is being laid under the scheme formulated by the authorities of the Union and petitioner has not impleaded the Union of India or its functionaries as party respondents in the application. In the circumstances, this writ application should be dismissed for non joinder of necessary party. I regret not to accept the aforesaid submission. The lands are the raiyati land of the petitioner which has not yet been acquired or voluntarily surrendered by him for laying of the road. In the circumstances, it is the duty of the Collector of the District to ensure that the road over the aforesaid two plots is not raised by any agency including the agency of the Union. I accordingly direct the petitioner to approach the Collector, Patna who should enquire about the status of the aforesaid two plot nos.225 and 226 as to whether the two plots have been - 3 - N.H./ voluntarily surrendered by the petitioner for laying the road or have been acquired for such purpose. In the event Collector after the enquiry concludes that the two plots have neither been surrendered nor acquired for the purpose of laying the road, he should ensure that road is not laid over the two plots until the two plots are acquired. The Collector should make enquiry in terms of this order within two weeks from the date of receipt/production of a copy of this order and pass appropriate order in accordance with law within the same time. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)