IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16980 of 2009 1. BINAY CHOUDHARY S/O RAMESHWAR CHOUDHARY R/O VILL- CHAK BARKURBA, PANAPUR HAWELI, P.S. KANTI, DISTT. MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE MUZAFFARPUR 3. THE DEPUTY COLLECTOR, LAND REFORMS MUZAFFARPUR 4. THE CIRCLE OFFICER KANTI, MUZAFFARPUR 5. THE JUNIOR ENGINEER RURAL DEVELOPMENT DEPTT., KANTI, MUZAFFARPUR AT PRESENT ON DEPUTATION FOR THE CONTACT WORK UNDER THE 'NAREGA' DISTRICT BOARD, MUZAFFARPUR 6. THE OFFICER-IN-CHARGE null KANTI POLICE STATION, KANTI, MUZAFFARPUR 7. THE CHAIRMAN DISTRICT BOARD, MUZAFFARPUR 8. PREM KUMAR CONTRACTOR AND MEMBER, DISTRICT BOARD, MUZAFFARPUR ----------- 2. 13.12.2010 Heard learned counsel for the petitioner and the State. The grievance is for a direction to the respondents not to encroach the ancestral raiyati land of the petitioner on Khata No. 165, Khesara No. 2088 situated in the Kanti Circle, District-Muzaffarpur for construction of a public road. The petitioner is stated to have represented before the District Magistrate on 24.3.2009 for the purpose. If that be correct, the respondents cannot proceed with the construction without examining his grievance. Let the District Magistrate grant hearing to the 2 petitioner with due opportunity to present his case. If the respondents propose to rely on any material adverse to the petitioner they are required to furnish him copies of the same with opportunity to file reply and then pass a reasoned and speaking order all to be complied with within a maximum period of two months from the date of receipt/production of a copy of this order. Needless to state that any construction made in the meantime shall be at the risk and responsibility of the officials of the State Government itself, should the petitioner succeed ultimately. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)