IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.231 of 2006 AFSHAN, DAUGHTER OF SRI S.N.HUSSNAIN, RESIDENT OF MOHALLA- WHITE HOUSE COMPOUND, P.S.- RAMPUR, DISTRICT- GAYA :---PETITIONER. Versus 1.THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF SURFACE, TRANSPORT & SHIPPING, NEW DELHI. 2. THE CHIEF ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, PATNA, BIHAR. 3. THE EXECUTIVE ENGINEER, CENTRAL PUBLIC WORKS DEPARTMENT, GAYA, PATNA. 4. MOKHTAR KHAN, S/O- SRI BARQUET KHAN, RESIDENT OF VILLAGE- NANDIHA, P.S.- GURNA, DISTRICT- GAYA. 5. AWDESH PASWAN, S/O- SRI MUKUL PASWAN, RESIDENT OF VILLAGE- HABIBPUR, P.S.- GURNA, DISTRICT- GAYA :--- RESPONDENTS. ----------- For the petitioner :- Mr. Gopal Jee, Advocate. For the Union of India :- Mr. Sanjay Kumar Pandey, C.G.C. ==== 5. 14.01.2011. Heard learned counsel for the petitioner and the counsel for the Union of India who has not been able to seek instruction in the matter and file counter affidavit on behalf of the respondents in compliance of the earlier two orders of this Court dated 27.01.2006 and 22.06.2006. For the failure of the respondents to respond to the aforesaid two orders of this Court, this Court could have proceeded against the respondents for contempt. Instead of proceeding against the respondents for contempt, it is deemed expedient to direct the petitioner, who is the donee of the land measuring an area of 33 ½ decimals bearing Plot No. 709 appertaining to Khata No. 233 of Village and P.S.- Gurua in the district of Gaya to approach the District 2 Magistrate, Gaya with the document of title of the aforesaid land (gift deed) together with the document of title of her donor and if the District Magistrate is satisfied that petitioner is the raiyat of the said land, he shall get the said land measured by Anchal Amin and if any portion of the said land has been encroached by the authorities of the Union of India for widening of road under the Prime Minister’s Rural Road Construction Project, the said road shall be removed from the raiyati land of the petitioner as widening of the road over the raiyati land of the petitioner has been done without any acquisition, consent of the petitioner. Petitioner should appear before the District Magistrate, Gaya along with a certified copy of this order, the document of title of her donor and the gift deed and thereafter the District Magistrate shall satisfy himself about the title of the petitioner over the lands-in-question and if the District Magistrate is satisfied that petitioner is the title-holder of the lands-in-question, he shall get the same measured and if any portion of the land of the petitioner has been used by the authorities of the Union of India for raising, widening of any road under the Prime Minister’s Rural Road Construction Project, such road be removed from the private land of the petitioner as till date the lands have neither been acquired nor 3 petitioner has given any consent for raising a road over her private land. If trees have been fell/cut from the lands-in-question, the District Magistrate shall also ensure that the executing agent who has fell/cut the trees from the lands-in-question compensate the petitioner for the loss of the trees. In the event District Magistrate is not satisfied about the title of the petitioner over the lands-in-question, he must pass a reasoned order to that effect. Necessary compliance of this order be made as early as possible, in any case, within three months from the date of receipt/production of a copy of this order. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)