IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3846 of 2007 SUKHDEO RAM son of late Beudar Ram,resident of Village- Babhangama,District- Supaul. Versus THE STATE OF BIHAR & ORS For the petitioner : Mr.Amrit Abhijat, Advocate. For the State : Mr.Shambhu Nath, A.C. to G.P. ----------- 6 27.11.2009 The grievance of the petitioner is that a primary health centre is being illegally constructed on his raiyati land without any valid acquisition at the instance of the State Government bearing Khesara No.255, Khata No. (old) 82, New 403 in village – Babhangama in the District of Supaul. There is no dispute to the proposition that no construction could be made on raiyati land of any individual unless and until the person concerned has given consent or the land in question has been acquired under a valid law. A counter affidavit has been filed on behalf of the State. It has been submitted that in a meeting of District Health Committee held on 17.8.2008 it was resolved to construct a pucca building for health Sub-Centre in Village- Babhangama, Tola- Sakhua. Respondent no.6, Junior Engineer was appointed as an Execujtive Agent. Respondent no.9, Uma Kant Mandal, son of Late Gena Lal Mandal, had donated land bearing Old Khata No.82, Old Plot No.742, New Plot Nos.860,846. The number of deed of gift is 11252 which was executed on 16.12.1983. The aforesaid Umakant Mandal also owns the Plot No.255 measuring an area 4 katha 15 dhoors which was purchased by his father Gena Mandal 2 on 15.3.1951 by virtue of sale deed bearing Sale Deed No.6162. This land just lies northward of the land donated by him on 16.12.1983, on which the building of Health Sub- Centre is being constructed. It is stated that initially measurement was made and it was found that no portion of the land was encroached. Counsel for the petitioner submits that , in fact, no measurement was done at all. In view of conflicting stand of the parties, this Court directs that a fresh measurement may be done, for which the petitioner would deposit the requisite cost within four weeks from today in the Anchal Office. The Circle Officer of Babhangama Block would get the land in question measured after due information to all the sides. The measurement must be completed within a period of five weeks thereof. The ongoing construction would be subject to the result of the measurement. In the meantime, till the measurement is completed the interim order dated 31.7.2008 passed by this Court will continue. Anilkrsinha (Samarendra Pratap Singh, J.)