IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18551 of 2009 1. HARINANDAN MANDAL S/O LATE NIRDHU MANDAL R/O VILL.- PATHKI, P.O.- KASWA, P.S.- AMARPUR, DISTT.- BANKA Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR BANKA 3. B.D.O., AMARPUR DISTT.- BANKA 4. MUKHIYA, GRAM PANCHAYAT RAJ KUSHMAHA P.S.- AMARPUR, DISTT.- BANKA 5. PROJECT OFFICER NREGA AMARPUR P.S.- AMARPUR, DISTT.- BANKA 6. PANCHAYAT SEWAK, GRAM PANCHAYAT RAJ KUSHMAHA P.S.- AMARPUR, DISTT.- BANKA ----------- 2. 28.02.2011 Heard learned counsel for the petitioner and the State. Claiming title through Settlement in Settlement Case No. 55 of 1988-89 to the lands bearing Khata No. 39, Plot No. 172 having an area of 25 decimals situated at village-Pathki, Thana No. 215, Anchal-Amarpur, District-Banka, the petitioner is aggrieved by alleged unauthorized construction without his consent of a Tank upon his lands under the National Rural Employment Guarantee Scheme. Alternative prayer in the writ application is that if the lands are proposed to be utilized for the public purpose, he is entitled to compensation. The petitioner appears to have approached the Court directly without representing before the authorities first. Question of facts appear to be involved for verification of claims with regard to title. 2 The matter relates to public project in which no interim order can be passed as the petitioner himself acknowledges his right to compensation alternately. The application is disposed with the observation that if the petitioner files a representation before the District Magistrate, Banka, let it be considered in accordance with law and disposed off by a reasoned and speaking order within a maximum period of four months from the date of receipt/production of a copy of this order. The Court expects that if the District Magistrate finds justification in the claim of the petitioner, or in any part of the claim, keeping in mind the alternative prayer or grant of due compensation, the District Magistrate shall act in accordance with law and not create further litigation imposing unnecessary burden on this Court. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)