IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13752 of 2010 RAMA NAND JHA, SON OF SRI MAHANAND JHA, RESIDENT OF VILLAGE KATAIYA, P.S. BENIPATTI, DISTRICT MADHUBANI. ---- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE DISTRICT MAGISTRATE, MADHUBANI 2. THE SUB-DIVISIONAL OFFICER, BENIPATTI, DISTRICT MADHUBANI 3. THE BLOCK DEVELOPMENT OFFICER, BENIPATTI, DISTRICT MADHUBANI 4. THE MUKHIYA, GRAM PANCHAYAT RAJ KATAIYA, P.S. BENIPATTI, DISTRICT MADHUBANI 5. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ KATAIYA, P.S. BENIPATTI, DISTRICT MADHUBANI. ---- RESPONDENTS For the petitioner :- Mr. Kripa Nand Jha, Advocate For the State :- J.C. to A.A.G. 3 ----------- 2 23.8.2010 Petitioner’s land has been utilized by the Mukhiya of the Gram Panchayat Raj Kataiya, P.S. Benipatti, District Madhubani for the purposes of extending the village road under a scheme floated by the State Government/Prime Minister Gramin Sadak Yojna. The petitioner’s land relates to Khata No. 73, Khesra Nos. 1446 and 1447 measuring about 8 Dhurs or more has been utilized by the Mukhiya of the village to extend the village road. A show cause notice was issued to the Panchayat Secretary vide annexures 2 and 4 asking him to show cause, as to why he was utilizing the raiyati lands of the petitioner for the purposes of extending the road in question. The Anchal Amin vide annexure- 5 has also reported to the Circle Officer, Benipatti that 8 Dhurs of petitioner’s land has been utilized for the said road. Despite the notices, it is submitted on behalf of the petitioner, that the lands of the petitioner have been deliberately encroached without his consent and without payment of any compensation. 2 Under the Government scheme or for that matter under the Prime Minister Scheme, perhaps there is no provision for extension of the village road, much less has licence been granted to the Panchayat Secretary or the Mukhiya to utilize the raiyati lands of the villagers without their consent. The Collector of Madhubani shall call upon the petitioner, the Mukhiya of the village and the Panchayat Secretary to explain as to why they have acted beyond the provisions of the schemes of the Government/Central Government. The Collector on coming to the finding that the lands of the petitioner have been utilized for extension of the road, will initiate a proceeding for acquiring the lands of the petitioner, after getting it remeasured by the Government Amin in presence of the petitioner and the Circle Officer and thereafter grant compensation to the petitioner. The enquiry should not take more than four months. The Collector may then initiate a Land Acquisition Proceeding and ask the State Government in the Road Construction Department/Rural Engineering Organization to provide funds for making payment of the compensation amount. The Collector may also take appropriate action against the Mukhiya and the Panchayat Secretary on whose orders the said village road has been extended and take steps to realize the compensation amount from them. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)