IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4557 of 2008 Mahesh Kumar & Ors Versus The State Of Bihar & Ors 3 29.9.2011 Heard the parties. The petitioners have filed this writ petition in which the Industrial Development Commissioner is a party and it is alleged that the industries Department has acquired piece of land for setting up industries in Bela Industrial Area under Land Acquisition Case No. 1/1978-79 measuring 173.88 acres. The petitioners do not have any objection, rather, they have a complain that plot nos. 127, 144, 510, 791, 824, 940 and 1363 appertaining to khata no. 310 of village Bela Chapra and plot nos. 791 and 510 of Diren Chapra are Ghair Mazrua Aam Rasta. The case of the BIADA is that these lands are included in the lands which have been acquired for industrial purpose. Since the lands were open lands, the residents of the area were utilizing the lands as road. It is submitted that they have a passage / road for egress and ingress and as such their claim that the BIADA is building a road in the industrial area on a public land is unjustified. Considering the rival contention of the parties this court concludes that the BIADA should not exceed its construction except on the area that was acquired by them i.e. 173.88 acres of land. If the petitioners feel that they have built on more than allotted lands in the land acquisition proceeding, 2 they have a right to file an objection before the District Magistrate who shall dispose if of immediately. This writ petition is disposed of with the aforesaid observation. haque ( Sheema Ali Khan, J .)