IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5668 of 2010 1. SRI RAMJEE PRASAD SON OF SRI JAMUN PRASAD 2. SRI RAMBRIKSH RAI, SON OF LATE MADAN GOPE. 3. SMT. SAVITRI DEVI, WIFE OF LATE SHARIFAN RAI, ALL RESIDENT OF MOHALLA MUNNACHAK, KANKARBAGH, P.S. PATRAKAR NAGAR, DISTRICT PATNA Versus 1. THE STATE OF BIHAR, THROUGH THE COLLECTOR, PATNA. 2. THE PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT GOVT. OF BIHAR, PATNA. 3. THE CHIEF ENGINEER, ROAD CONSTRUCTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, PATNA. 5. THE CHIEF ENGINEER, BIHAR STATE HOUSING BOARD, PATNA. 6. THE EXECUTIVE ENGINEER, DIVISION-I BIHAR STATE HOUSING BOARD, KANKARBAGH, PATNA. ----------- 04. 19.04.2010 Learned counsel for the petitioners has filed supplementary affidavit annexing the sale deed dated 28.5.1934 by which the lands in question was acquired by Sri Madan Gop from Mostt. Bipti wife of Makhu Mahto and since then till date petitioners are residing over the lands in question by raising house over the same. 2. It is submitted by the counsel for the State that the lands in question was acquired in connection with Case No.20 of 1957-58 and compensation of the lands in question was paid to Sri Raghunath Gope and petitioners’ possession over the lands in question is absolutely unauthorized as the land was acquired by the State and is public land. Counsel for the State further submits that for the present there is no proposal for widening the road by demolishing the house of the petitioners. 3. In view of the statement made by the counsel for the State, Sri Prashant kumar Saran, AC to AAG-11 in response to the - 2 - order of this Court this application is disposed of observing that as and when the lands in question is required by the State for widening the road, the same may be used for widening the road only after initiating proceeding under the Land Encroachment Act against the petitioners and by evicting them in accordance with law. Rajesh/ (V.N.Sinha, J.)