IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15546 of 2010 Mohan Lal Mehta, son of Late Baldeo Mahto, @ Baleshwar Prasad, village Sikhar, PS Mufassil, District Gaya at present residing at Haridas Chatterjee Road, Ramna, PS Civil Lines, Dist. Gaya – Petitioner. Vs. 1) The State of Bihar, 2) The Collector, Gaya. 3) The Dy. Dev. Commissioner, Gaya. 4) The B.D.O. cum Anchal Adhikari, Manpur, Dist. Gaya. 5) The Land Acquisition Officer, Gaya – Respondents. 2 17.9.2010 The grievance of the petitioner is that the lands described in paragraph 4 of the writ petition has been utilized for construction of road under the NAREGA scheme. According to the scheme the lands of private individuals perhaps cannot be utilized without starting an acquisition proceeding against them. I, therefore, direct that the petitioner should file a representation before the Collector, Gaya giving details of his land and the Collector either himself or through Additional Collector may get an enquiry conducted with respect to the title of the petitioner, and whether the lands have been utilized for laying down a road under the aforesaid scheme. For this purpose a report may be called for from the Block Development Officer cum Circle Officer, Manpur, Gaya. The Block Development Officer while making the enquiry should notice the petitioner. The enquiry by the Collector / Additional Collector, Gaya should be completed within three months from the date of receipt of a copy of this order. If the authorities i.e. The Collector or the Additional 2 Collector finds that in fact petitioner’s lands have been utilized for laying down the road under the aforesaid scheme, a proposal should be sent to the State Government for starting a Land Acquisition Proceeding and releasing the funds in favour of the petitioner. The requisition should be sent to the Road Construction Department or the Rural Engineering Department or to whichever department, the Collector thinks fit and proper for providing compensation amount for payment to the petitioner within one month after receipt of the report. Since there is a single person claiming that his lands have been utilized under the NAREGA scheme for construction of the road, land acquisition proceeding can be easily be concluded within a period of six months thereafter. This writ petition is disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)