IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.7185 OF 2003 1. RAMESHWAR PD.RAI, SON OF LATE SITARAM RAI 2. SACHITA RAI, SON OF RAM BACHAN RAI BOTH RESIDENTS OF VILLAGE CHITTAR CHAK POST OFFICE PAHLEZA BARKA, POLICE STATION SONEPUR, DISTRICT SARAN ………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, SARAN, CHAPRA 3. THE DEPUTY DEVELOPMENT COMMISSIONER –CUM- EXECUTIVE OFFICER, DISTRICT BOARD, SARAN AT CHAPRA 4. THE DISTRICT BOARD, SARAN THROUGH ITS CHAIRMAN, CHAPRA 5. THE SUB DIVISIONAL OFFICER, SONEPUR, DISTRICT SARAN 6. THE BLOCK DEVELOPMENT OFFICER, SONEPUR, DISTRICT SARAN 7. THE CIRCLE OFFICER, SONEPUR, SARAN 8. THE SONEPUR PANCHAYAT SAMITI, SONEPUR, SARAN THROUGH ITS PRAMUKH 9. THE MUKHIYA KASMAR GRAM PANCHAYAT POLICE STATION SONEPUR, DISTRICT SARAN 10. SURESH RAI, PANCHAYAT SEWAK, NEJAR MIRA GRAM PANCHAYAT, POLICE STATION SONEPUR, DISTRICT SARAN 11. THE EXECUTIVE ENGINEER, RURAL DEVELOPMENT SPECIAL DIVISION NO. 2, SARAN, CHAPRA …………………………………………………………………………RESPONDENTS ********* 9 23/07/2010 This application has been filed seeking direction that the respondents should not lay down a road on the raiyati land of the petitioner. Earlier, the land chosen appertained to plot no. 659 which was duly corrected, and now plot no. 637/809 has been substituted. In the counter affidavit, it has categorically been stated that total area of plot no. 637/809 is 43.94 acres. Three jamabandies of three persons have been entered in the records which are jamabandi nos. 28, 23 and 83. The name of petitioner’s father is entered in jamabandi no. 28 which measures 9 2 bighas 8 kathas and 13 dhurs. The counter affidavit clearly states that the sanctioned scheme by which the road is to be laid down is in no way overlapping the area belonging to the petitioner. The rest of the area has school as well as existing road on the said plot of land. The scheme has been sanctioned for the existing road. Considering the statement made in the counter affidavit, I do not see any reason why the petitioner should apprehend that a road will be constructed on his raiyati land. This writ application is thus disposed of. Anand ( Sheema Ali Khan, J. )