IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5913 of 2010 LONGMATI DEVI @ JANAKI DEVI, WIFE OF SHREE SURESH CHAUBEY, DAUGHTER OF LATE RAMLOCHAN MISHRA @ LOCHAN MISHRA, RESIDENT OF VILLAGE- BASATPUR TOLA BADA BABU, P.S.- MOTIHARI (MUFFASIL) DISTRICT- EAST CHAMPARAN :- --- PETITIONER. Versus 1. THE UNION OF INDIA THROUGH ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, NEW DELHI. 2. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION, NEW SECRETARIAT, PATNA. 3. THE COLLECTOR, EAST CHAMPARAN, MOTIHARI. 4. CIRCLE OFFICER, MOTIHARI, EAST CHAMPARAN. 5. VISHMBHAR SINGH, SON OF HRIDAYANAND SINGH, CONTRACTOR RESIDENT OF VILLAGE- BARA SHANKAR, P.S.- PATAHI, DIST- EAST CHAMPARAN :--- RESPONDENTS. ----------- 5. 06.01.2011. Heard learned counsel for the petitioner and the respondents. 2. Petitioner is the raiyat of Plot No. 37 appertaining to Khata No. 9 of Village- Basantpur, Tola- Bara (Babu) within Motihari Block of East Champaran District. He has filed this writ petition praying, inter alia to restrain the respondent authorities from raising/laying any road over the said land as till date the lands have neither been acquired nor consent of the petitioner has been obtained for raising such road. Appreciating the aforesaid submission of the petitioner this Court under interim order dated 27.09.2010 restrained the authorities from laying any road over the lands in question. 3. It is submitted on behalf of the petitioner that notwithstanding such restraint - 2 - order passed by this Court the authorities have undertaken soil filling work over the land of the petitioner for raising the road. Till date no counter affidavit has been filed although the matter has remained pending for quite some time. 4. Having heard counsel for the parties, I direct the petitioner to appear before the Collector, East Champaran and place before him the khatiyan and other documents concerning the lands in question so as to enable the Collector to ascertain and confirm the title of petitioner over the lands, in question. In case Collector is satisfied about the title of the petitioner over the lands in question, he shall ensure that no earth filling work is undertaken over the lands in question failing which he shall pass a reasoned order as early as possible, in any case within one month from the date of appearance of the petitioner before the Collector, East Champaran. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)