IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8208 OF 2010 1. UDAY KUMAR, S/O CHANDRESHWAR PRASAD, R/O VILLAGE RAMPUR DAYAL,P.S. PIAR,DISTRICT- MUZAFFARPUR. VERSUS 1. THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, MUZAFFARPUR. 3. SUB DIVISIONAL OFFICER EAST MUZAFFARPUR. 4. ANCHAL ADHIKARI BANDARA,DISTRICT- MUZAFFARPUR. 5. SUPERINTENDING ENGINEER,R.E.O. MUZAFFARPUR. 6. EXECUTIVE ENGINEER,R.E.O. MUZAFFARPUR. 7. SUB DIVISIONAL OFFICER,R.E.O. MUZAFFARPUR. 8. DISTRICT LAND ACQUISITION OFFICER, MUZAFFARPUR. ********* 3 29/10/2010 The petitioner claims to be the owner of chak plot no. 750, 751 of khata no. 465, area 44 decimals and chak plot no. 225, carved out of C.S. plot no. 388, R.S. plot no. 1031, khata no. 117, having an area of 59 decimals. Both these plots of lands are situated in village Sundarpur Ratwara, thana no. 916, Police Station Piar, district Muzaffarpur. The petitioner claims that his lands are utilized for construction of a pitch road by the Rural Engineering Department under the Pradhan Mantri Gramin Sarak Yojana. It is obvious that the raiyati lands of the villagers cannot be utilized for the purposes of construction of a road under the scheme, as the scheme has not made any provision for acquisition of lands. Counsel for the State, on the other hand, submits on the basis of the instructions that no requisition whatsoever has been made for acquisition of 2 these lands from the Rural Engineering Department, Muzaffarpur. I, therefore, direct the Circle Officer, Bandara block, Muzaffarpur, the Superintending Engineer, Rural Engineering Office, Muzaffarpur, the Executive Engineer, Rural Engineering Office, Muzaffarpur and the Sub Divisional Officer, Rural Engineering Office, Muzaffarpur to ensure that the lands of the raiyats specially the petitioner should not be utilized for the purposes of construction of a road under the Pradhan Mantri Gramin Sarak Yojana without the written consent of the petitioner. The petitioner would be at liberty to produce a copy of this order before the authorities mentioned in this order as soon as the petitioner receives a copy of this order. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )