IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10601 of 2011 1. Tripurari Sharma SON OF LATE NAGESHWAR PRASAD SINGH 2. SHIV SHANKAR PRASAD SINGH SON OF LATE DEVKI PRASAD SINGH 3. LALAN PRASAD SINGH SON OF LATE RADHIKA PRASAD SINGH 4. GANESH PRASAD SINGH SON OF LATE RADHIKA PRASD SINGH. 5. RUPESH KUMAR SON OF LATE MAHESH PRASAD SINGH 6. BIJAY PRASAD SINGH SON OF LATE HARINANDAN PRASAD SINGH, ALL RESIDENT OF VILLAGE RAMCHANDRAPUR, P.S. PIPARIA, DISTRICT LAKHISARAI. Versus 1. The State Of Bihar 2. DISTRICT MAGISTRATE LAKHISARAI. 3. DISTRICT LAND ACQUISITION OFFICER, LAKHISARAI 4. EXECUTIVE ENGINEER, DEPARTMENT OF R.E.O. SHEIKHPURA, DISTRICT MUNGER. 5. CIRCLE OFFICE, PIPARIA, LAKHISARAI. ----------- 2 21/07/2011 There are many petitioners in the present writ application who claim themselves to be resident of village Ramchandrapur, P.S. Piparia, District Lakhisarai. Their grievance is that under the Prime Minister Rural Road Scheme Package No. BR-19R-067 was floated for construction of road from Surjagarha Bridge to Balipur Pakar Path. The contractor started construction of the road by digging lands even belonging to these petitioners which are supposed to be the raiyati land. Despite their - 2 - resistance and despite direction issued by the Executive Engineer, Rural Engineering Organisation, Sheikhpura Division, nothing is being done in this regard. Stand of the learned counsel for the petitioner is that they are not against construction of the road as such but a reckless demarcation and digging will surely affect their right over the property as well as the houses which are located over that property. Re-alignment or some adjustments are required to be made or the lands otherwise available can be donated for the cause but for that there has to be a consensus or meeting of mind. This Court is made to understand that no construction of such kind under the said scheme can be made forcefully and land has to be voluntarily surrendered by the villagers. If that be so, then the prayer of the petitioners seems to be reasonable that the Circle Officer concerned should personally inspect the place where there are objections of the petitioners and may rework the alignment where the road can be constructed without causing damage or danger to the dwelling houses or interest of the petitioners. It is a fair kind of stand which has been taken on - 3 - behalf of the villagers who are before this Court. In view of the same, this writ application is disposed of with a clear direction upon respondent no. 5, the Circle Officer, Piparia, district Lakhisarai that he shall intervene in the matter, carry out joint inspection along with the contractor and the villagers and resolve the issue before the road is constructed by the contractor in relation to the package concern. An early resolution to the dispute will be in the interest of one and all. This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)