IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16869 of 2010 NARENDRA KUMAR, SON OF LATE CHANDESHWAR PRASAD, RESIDENT OF VILLAGE DADUPUR, P.S. PARWALPUR, DISTRICT NALANDA. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, NALANDA, DISTRICT NALANDA. 3. EXECUTIVE ENGINEER, RURAL ENGINEERING WORK DEPARTMENT, WORK DIVISION-I, HILSA, DISTRICT NALANDA. 4. THE SUB-DIVISIONAL OFFICER, HILSA, NALANDA. 5. CIRCLE OFFICER, PARWALPUR, DISTRICT NALANDA. 6. OFFICER-IN-CHARGE, OF PARWALPUR POLICE STATION, DISTRICT NALANDA. 7. DEVENDRA PRASAD, SON OF NOT KNOWN TO THE PETITIONER, RESIDENT OF VILLAGE JUNIYAR, P.S. HILSA, DISTRICT NALANDA. ======== 04. 12.01.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is the raiyat of plot no.169 appertaining to khata no.13 of village Dadupur in the district of Nalanda. He has filed this writ petition asserting that his land has been encroached upon by the agents of the Rural Works Department, Works Division-I, Hilsa who have forcibly laid a road over the same and have also felled three full grown mango trees, which stood planted deep inside the plot and there was absolutely no occasion for the authorities to have felled the same for laying the road. In this connection, petitioner has relied on the report of the Anchal Amin, Parwalpur dated 20.8.2010, Annexure- 4, which is addressed to the Circle Officer, Parwalpur, Nalanda. 3. Counsel for the State submitted that matter has been brought to the notice of the Collector, Nalanda who has sought a report from the Executive Engineer, Rural Works Department, Works Division-I, Hilsa, as would appear from letter no.13041 dated 7.9.2010, Annexure-5. Counsel for the State also brought to my notice the letter of the petitioner dated 1.3.2010 addressed to the Sub- Divisional Officer, Hilsa Annexure-1, whereunder petitioner has - 2 - agreed to part with 12 feet of his aforesaid land for laying the road. 4. In rejoinder learned counsel for the petitioner submitted that petitioner has no objection if 12 feet of his aforesaid land is taken for the purpose of laying the road but while laying the road contactor has laid 24 feet wide road over his plot without taking the land of the person whose land is situate just opposite the land of the petitioner. 5. Having heard counsel for the parties, I direct the Collector, Nalanda to himself visit the spot in question along with the Circle Officer, Parwalpur and the Anchal Amin and get the lands measured and ensure that the road is laid over 12 feet of land agreed to by the petitioner for raising the road. Any road laid beyond 12 feet over the lands of the petitioner should be removed and he should be suitably compensated for the three full grown mango trees, provided the same has been felled by the contractor or his men. Measurement be taken in presence of the petitioner after fixing a date for the same. Petitioner is directed to put his signature over the measurement report. In the light of the measurement taken Collector should pass appropriate final orders, as early as possible, in any case within two months from the date of receipt/ production of a copy of this order before him. No road should be laid over the lands in question until final order is passed by the Collector, Nalanda. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)