IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5051 OF 2009 DEVENDRA PRASAD SINGH, SON OF LATE CHHALHU SINGH, RESIDENT OF VILLAGE HARIHANSHPUR, POLICE STATION BHAGANWANPUR, DISTRICT VIASHALI VERSUS 1. THE STATE OF BIHAR 2. THE COMMISSIONER –CUM- SECRETARY, DEPARTMENT OF ROAD CONSTRUCTION, GOVERNMENT OF BIHAR, PATNA 3. THE COMMISSIONER, TIRHUTCOMMISSIONERY AT MUZAFFARPUR 4. THE DISTRICT MAGISTRATE, HAJIPUR AT VAISHALI 5. THE EXECUTIVE ENGINEER, R.E.O., VAISHALI, DISTRICT HAJIPUR 6. THE JUNIOR ENGINEER, R.E.O. VAISHALI, DISTRICT HAJIPUR 7. THE CIRCLE OFFICER, BHAGWANPUR, VAISHALI DISTRICT HAJIPUR ********** 5 03/11/2011 Time and again, it seems that the Executive Engineers, Junior Engineers etc. who are entrusted with the work of construction of the village road are encroaching upon the raiyati lands of the villagers. This Court has come across such complaints in numerous cases spanning the entire State of Bihar. Despite orders of this Court, the State Authorities and especially the Engineers of the R.E.O. continue to encroach upon the private lands. In the present case, the Junior Engineer has constructed a road over plot no. 101 which belongs to the State of Bihar. While doing so, they have encroached upon the lands of plot no. 102. They have also dug out mud from the plot no. 102, which belongs to the petitioner in order to construct the road which amounts to destroying the features of the lands of the 2 petitioner. The State Government, if it proposes to dig out mud from the flanks of the road, can do so, after paying certain amount of money to the person concerned. However, it should be kept in mind that if the land is used for the agricultural purposes, then it would amount to destroying the nature of the lands. At present, the stand of the State Government in the counter affidavit is that no construction has been made on the land belonging to the petitioner. This Court specifically directs that no construction should be made on plot no. 102 which is the land of the petitioner. The State is at liberty to make construction over plot no. 101. The Office is directed to send a copy of this order through fax to the Secretary, Department of Road Construction, Government of Bihar, Patna to be circulated to all the concerned authorities so that such actions are not repeated in future. This writ application is allowed to the extent indicated aforesaid. Anand ( Sheema Ali Khan, J.)