IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.610 of 2009 BHOLA PRASAD Versus THE STATE OF BIHAR & ORS ----------- 3. 06.12.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. Despite the fact that the writ petition was filed on 13.1.2009 after service of two copies in the office of the Advocate General, nearly two years and grant of one adjournment with interim order in favour of the petitioner has not been considered sufficient by the respondents to assist this Court in dispensation of justice by filing of a counter affidavit. Prayer is again made to file a counter affidavit which the Court declines. The petitioner is aggrieved by action of the respondents in attempting to construct a public road on his raiyati lands full details whereof are mentioned in para 10 of the application. It is submitted that the petitioner holds a decree in his favour for the lands in question dated 31.8.1989 in Title Suit No. 7 of 1987. In the year 1991 he also filed a miscellaneous case when the respondents attempted to interfere unlawfully with his possession and enjoyment contrary to the decree of the Civil Court and which was decided in his favour. It is submitted that recently the respondents have again sought to interfere with the enjoyment and usage of his lands by the petitioner through construction of road in January 2008 upon his raiyati lands for which he has protested also. Strong reliance is placed on a report of the Executive Engineer dated 21.4.2008 that so long as lands of the petitioner are not acquired no construction of a road on his private lands is possible. Applying the principle of nontraverse in so far as the present proceedings are concerned this writ application is disposed in terms of the order dated 21.4.2008 of the Executive Engineer with a direction to the Secretary, Rural Works Department to examine the matters administratively and if the respondents propose to take any action to the prejudice of the petitioner they are required to first serve a show cause notice upon him containing all details of facts with supporting documents, and full opportunity to him to meet the same in writing, then grant him personal hearing and thereafter pass a reasoned and speaking order in accordance with law. Till the respondents do not deal with the matter in the aforesaid manner they are restrained from interfering with the enjoyment and usage of his raiyati lands by the petitioner as mentioned in para 10 of the writ application. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)