IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15673 of 2008 RAM KARAN ROY SON OF LATE NARAYAN ROY RESIDENT OF VILLAGE BADHAUNA CHANDPUR, P.S. VIDYAPATINAGAR, DISTRICT- SAMASTIPUR …. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE COLLECTOR, SAMASTIPUR, 3. THE SUPERINTENDENT OF POLICE, SAMASTIPUR, 4. THE DEPUTY DEVELOPMENT COMMISSIONER, SAMASTIPUR. 5. THE CIRCLE OFFICER, VIDYAPATINAGAR, DISTRICT- SAMASTIPUR. 6. THE BLOCK DEVELOPMENT OFFICER, VIDYAPATINAGAR, DISTRICT- SAMASTIPUR, 7. THE SUB DIVISIONAL POLICE OFFICER, DALSINGHSARAI, P.S. DALSINGHSARAI, DISTRICT- SAMASTIPUR, 8. THE OFFICER IN CHARGE, VIDYAPATINAGAR POLICE STATION, DISTRICT- SAMASTIPUR, 9. THE MUKHIYA, GRAM PANCHAYAT RAJ, BADAHUNA, P.S. VIDYAPATINAGAR, DISTRICT- SAMASTIPUR, 10. THE GRAM SEWAK-CUM-PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BADAHUNA, P.S. VIDYAPATINAGAR, DISTRICT- SAMASTIPUR, 11. BISHWANATH KUWAR, SON OF LATE YOGENDRA KUWAR AT PRESENT HOLDING THE POST OF ‘MUKHIYA’ OF GRAM PANCHAYAT RAJ, BADAHUNA, P.S. VIDYAPATINAGAR, DISTRICT- SAMASTIPUR, AND 12. JANARDHAN PRASAD ROY, SON OF NOT KNOWN AT PRESENT HOLDING THE POST OF GRAM SEWAK-CUM- PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BADAHUNA, P.S. VIDYAPATINAGAR, DISTRICT- SAMASTIPUR. … RESPONDENTS. For the petitioner: Mr. Kumar Ravish, Advocate. For the State: Mr. Madhukar Mishra, AC TO GA-9 For the Respondent Nos. 9 and 11: M/s Ravi Kumar, A.O.R. No.00096, Rajiv Ranjan Singh, A.O.R.No.02891 Priya Choubey, A.O.R.No. 02890 ----------- 2 5. 20.12.2010 Petitioner is raiyat of Plot No. 4284 and 4285 appertaining to Khata No.132 old, new number whereof is 6167 which is evident from Khatiyan Annexure-C to the counter affidavit of Respondent Nos. 2, 4, 5 and 6. Aforesaid land is being used as a footpath (pagdandi) for quite sometime. The present dispute has arisen when the panchayat authorities have under taken soil filling, brick soling work over the lands in question so as to facilitate the movement of the people over the same. 2. Having heard counsel for the parties, it is directed that authorities should fill soil over the lands in question as also lay brick over the same to the extent the land is used as a footpath (pagdandi) from before without raising any concrete construction over the same. The house of the petitioner situate on the part of the same land should not be disturbed. 3. The writ application is, accordingly, disposed of. Ibrar/- (V.N. Sinha, J)