IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11606 of 2011 Rajeshwar Singh son of late Nathuni Mahto, resident of village + P.O. Shiura, Via Patori, District- Samastipur. . . Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate-cum-Collector, Samastipur. 3. The Sub-Divisional Officer, Sub-Division Patori, Samastipur. 4. The Circle Officer, Block cum Circle, Patori, District- Samastipur. . . . . . Respondents. ----------- 2/ 25.08.2011 Heard learned counsel for the parties. 2. The petitioner has raised his grievance that without instituting Land Acquisition Proceeding a road is being constructed on his agricultural land bearing khata no.61, plot no.356, Jamabandi no.623 situated under Adalpur thana no.160/3 within Patori block in the district of Samastipur. 3. It is well settled that the Government cannot use the private land for construction of road without initiating appropriate proceeding under the law. 4. The District Magistrate, Samastipur would enquire the matter whether the construction of the road covers the raiyati land of the petitioner as mentioned above. The petitioner must file representation before the District Magistrate, Samastipur within three weeks from today with details and documents. 5. In the mean time, the construction would not continue on the aforesaid land of the petitioner for a period of seven weeks from today by which date it is expected that the learned collector would ascertain whether construction is being made on petitioner’s land. 6. This application stands disposed of. Uday/ (Samarendra Pratap Singh, J.)