IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5406 of 2009 SUDHA PANDEY . Versus THE STATE OF BIHAR & ORS . ----------- 3. 13.12.2010 Heard learned counsel for the petitioner and the State. The petitioner sought the relief not to construct the road from Maharajganj to Bhagwanpur Hat through his private land bearing Khata Nos. 14 and 15, Plot Nos. 1563 and 1565 having an area of 15 dhurs out of a total area of 4 Khatha 5 dhurs, Tauzi No. 571 and Thana No. 386. The respondents have filed a counter affidavit. From a conjoint reading of Paragraph-8 of the same along with Annexure-A thereto, it is apparent that the respondents have utilized a part of the private lands of the petitioner for construction of a public road. The fact that a part of the lands may have been utilized as a passage while in possession of the vender of the petitioner, without any objection by him, shall not be sufficient to divest the petitioner from the full enjoyment of the lands purchased by him except in accordance with law by acquisition if the State be of the opinion that it was necessary for any construction of a road. That presently does not appear to be the situation as the authorities have themselves opined that the construction on his private lands did not have the 2 sanctity of the law. Any construction made of a road through the private lands of the petitioner are therefore required to be removed without further delay. If the State Government desires to retain the lands it may do so by a process of acquisition but after examination and feasibility for availability of contiguous vacant Government lands which can be utilized for the purpose of the road. Let the order be complied with within a maximum period of one month from the date of receipt/production of a copy of this order. The writ application stands disposed. P. Kumar ( Navin Sinha, J.)