IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4227 of 2003 1. Shyamrathi Devi , WIFE OF Vijayanand Parbat 2. Indira Parbat, wife of Vijyanand Parbat 3. Sadashiv Parbat, son of Vijyanand Parbat, all resident of village Rampur Mathia, P.S. Simri, District- Buxar Versus 1. The State of Bihar 2. Secretary-cum-Commissioner, Rural Development Department, Government of Bihar, Patna 3. Chief Engineer, Rural Engineering Organisation, Bisheshwaraiya Bhawan, New Secretariat, Patna 4. Executive Engineer, Rural Engineering, Buxar Division, Buxar, District- Buxar 5. Collector, Buxar, District- Buxar 6. Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Buxar, District- Buxar 7. Zila Parishad, Buxar through its Chairman, District Buxar 8. Chairman, Zila Parishad, Buxar, District- Buxar. ----------- 3. 12.4.2010 Heard learned counsel for the petitioner and learned counsel for the State. The grievance of the petitioner is that the authorities of the State are grabbing the lands of the petitioners without making acquisition by constructing a road over the same. In the counter affidavit filed on behalf of respondent no. 2, it is not denied that the lands in question are the raiyati lands of the petitioners and it is stated that a road is being constructed under the Prime Minister Gram Sadak Yojana for the benefit of members of public. 2 The construction of a road for the benefit of members of public cannot be made by forcibly occupying the lands of private parties without acquisition of the same or at the very least without their consent. The action of the authorities is thus wholly unjustified and illegal. No resolution of the Zila Parishad can create any such right in the authorities to construct a road over the lands of the petitioners. The writ application is accordingly allowed and the respondent-authorities are restrained from going over the land of the petitioners for the construction of the road in question. S. Pandey (Ramesh Kumar Datta, J.)