IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1836 of 2009 JANARDHAN SHARMA Versus THE STATE OF BIHAR & ORS ----------- 2. 5.2.2009 Heard counsel for the parties. A dispute in the nature as presented in this writ application as to whether the respondents have undertaken construction of the road on the raiyati land of the petitioner being plot No. 663 or such road is being constructed on any public land admittedly Gair Majarua Aam land can definitely be not decided in the first instance by this Court. On the own showing of the petitioner he had filed a representation for this purpose before the District Magistrate, Jehanabad on 22.1.2009, Annexure 2 to the writ application. That being so, this Court would direct the District Magistrate, Jehanabad to look into the grievance of the petitioner and pass an appropriate order wherein he must decide as to whether the construction of the road in question is being made on a public land or on the raiyati land of the petitioner. In the event it is found that 2 such construction has been taken up on any portion of raiyati land of the petitioner the Collector will be obliged to take steps for acquisition of the land and pay compensation to the petitioner but on the other hand, if it is found that such construction has been made on a public land he will reject the same. The District Magistrate, Jehanabad must decide this dispute within a period of three months from the date of receipt/ production of a copy of this order. In order to facilitate expeditious disposal the petitioner may file a representation with a copy of this order within a period of thirty days from today so that the final decision can be taken by the Collector on the aforementioned representation. This application is, accordingly, disposed of. (Mihir Kumar Jha,J.) Surendra/