IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13554 of 2007 NAYAMUL HAQUE ANSARI, DEHULI MAHABALIPUR, DULHIN BAZAAR, PATNA VERSUS 1. THE STATE OF BIHAR THROUGH CHIEF SECY 2. DISTRICT MAGISTRATE, PATNA 3. DISTRICT DEV OFFICER, PATNA 4. SECRETARY, REO DEPARTMENT, PATNA 5. THE CO, DULHINBAZAR, PATNA 6. THE S.D.O., PALIGANJ 7. THE DEPUTY COLLECTOR, INCHARGE, LRDC, 8. DEPUTY DEVELOPMENT COMMISSIONER (D.D.C.), PATNA & 9. THE CHIEF ENGINEER REO DEPARTMENT, PATNA. ----------- 4 26.11.2009. Heard learned counsel for the parties. The petitioner has come to this court for direction to respondents not to encroach his land falling in Khata no. 90, survey plot no. 1200, area 13.5 decimal situated in Thana no. 222, mauza Mahabalipur Police Station Paliganj (Bikram), district Patna for constructing a road under the NABAD scheme over his aforesaid private land without following any process of acquisition. A counter affidavit has been filed on behalf of respondent numbers 2,3,4,5,6 and 7 which includes the District Magistrate, Patna as well as the Circle officer, Dulhin bazaar. It appears from the counter affidavit filed on their behalf that land in question is recorded in the Khatian in the name of Halkhori Mahto, s/o Bhagirath Mahto village Dihuli and its nature as per Khatian is DHANHAR and Raiyat Belagan land. In Register II, Khata No. 90 is recorded in the name of Nayamul Haque Ansari bearing Jama bandi no. 30 of 2001. It has been further stated that the land is in peaceful possession of the petitioner and the rent receipt is also being issued in his favour. - 2 - This court vide order dated 15.5.2009 had directed respondent authorities not to disturb the possession of petitioner over the land in question being plot no. 1200, khata no. 90, thana no. 222, area 13-1/2 decimals situated at Mauza Mahabalipur, Police Station Bikram, District Patna. It further appears from the counter affidavit that no land acquisition proceeding has been initiated for using the land for road construction under the NABAD scheme. It is well settled that no Raiati land of particular person or body can be used for construction of road or otherwise without following due process of law provided in Land Acquisition Act in absence of consent. In that view of the matter, respondent officials are restrained from using aforesaid land for construction of road under the NABAD scheme, till fulfillment of aforesaid conditions. The writ petition stands allowed to the extent above. Shashi. (Samarendra Pratap Singh,J.)