IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5320 of 2006 Nabin Kumar, Son of Ram Charitra Kunwar resident of village Etaba, P.S. Muffasil Begusarai, District Begusarai .... Petitioner Versus 1. The State Of Bihar Through the Secretary/ Commissioner, Rural Development Department, Govt. of Bihar, Patna 2. The Director, Panchayati Raj, Bihar, Patna 3. The District Magistrate, Begusarai 4. The Deputy Development Commissioner, Begusarai 5. The Block Development Officer, Begusarai 6. The Mukhiya, Paspura Gram Panchayat, P.S. Begusarai Muffasil, District Begusarai …… Respondents For the Petitioner :M/s V.R.P. Singh & Uday Kumar, Advocates For the State :Mr. Apurva Kumar, A.C. to S.C.10 02/ 17.03.2011 Heard learned counsel for the petitioner and the State, who has filed counter affidavit in the matter, but from the averments made therein, it does not appear that Respondent- authorities have disputed the facts stated in the writ petition. On the contrary, it has been stated in the counter affidavit that direction has been issued to the District Magistrate, Begusarai to enquire into the matter in the light of the averments made in paragraphs 9,10 and 11 of the writ petition and to take action in the light of the findings recorded by him and thereafter to file counter affidavit in the matter. The District Magistrate, Begusarai, however, has chosen not to file any counter affidavit. - 2 - Petitioner claims himself to be the raiyat of plot no. 27 appertaining to Khata No. 5 of village Etaba, P.S. Begusarai Muffasil measuring an area of 3 kathas and 4 dhurs, which was acquired by his ancestor, Nandlal Kunwar through sale deed dated 19.7.1917 executed by the landlord Bideshi Mahto. 2. It is submitted on behalf of the petitioner that without acquiring the aforesaid land village road has been laid over the same at the behest of the Mukhiya, Respondent no.6. In this connection, reference is made to the village map and the sale deed dated 19.7.1917 and submitted that just adjacent to the lands in question, there exist a village road which has been encroached by others. 3. Having heard counsel for the petitioner and the State, I direct the petitioner to file a fresh representation before the District Magistrate, Begusarai annexing a copy of the village map and the sale deed dated 19.7.1917, whereafter the District Magistrate, Begusarai should get the land in question measured through the Circle Officer, Begusarai and Anchal Amin and if it is found that over the raiyati land of the petitioner, road has been laid then such - 3 - road should be removed from the raiyati land of the petitioner. Appropriate final order in this regard be passed by the District Magistrate, Begusarai as early as possible, in any case within two months from the date of receipt of the representation annexing a copy of this order, village may and sale deed dated 19.7.1917. 4. The writ petition is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)