IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14011 of 2010 1) Bimla Sinha @ Bimla Devi, wife of Sri shiv Kumar Prasad @ Shiv Kumar Pd Mahto, 2) Raghunandan Prasad, son of Late Bhagwat Mahto, both of village Kewalbigha, PS Barbigha, District Sheikhpura – Petitioners. Vs. (1) The State of Bihar through the Principal Secretary, Land Reforms Department, Bihar, Patna. (2) The Principal Secretary, Rural Dev. Department, Bihar, Patna. (3) The Secretary, Rural Dev. Department, Bihar, Patna. (4) The District Magistrate, Sheikhpura. (5) The District Land Acquisition Officer, Sheikhpura. (6) The Subdivisional Magistrate, Sheikhpura. (7) The Circle Officer, Block Shekhopur Sarai, Sheikhpura. (8) The Executive Engineer, Rural Works Department No.2, Sheikhpura. 2 25.8.2010 Petitioner no. 1 claim to be the owner of agricultural lands bearing Khata no. 137, khesra no. 4777, 3616, 4773 and 3525 having an area of 18 decimals, 48 and 1/2 decimals, 58 decimals and 58 decimals respectively whereas petitioner no.2 is owner of Khata no. 137, khesra no. 3616 having an area of 1.97 acres in village Kewalbigha, PS Barbigha, District Sheikhpura. The petitioners filed an application before the Collector stating therein that the Executive Engineer, Rural Works Department 2, Sheikhpura is constructing / extending the road running from village Chabilatikha road to village Kewalbigha. The Collector directed the Circle Officer to report regarding the said lane/road. Vide memo no. 283, dated 31.7.2010 the Circle Officer has reported that the lands in question are the raiyati lands of the petitioners which are being utilized for digging up and also mud filling work is progressing on the said lands. After receipt of the report, dated 31.7.2010 the Collector has not taken any action against the Executive Engineer. The said road is being constructed 2 under the Chief Minister Gramin Sarak Yojna. The scheme perhaps does not envisage utilization of raiyati lands of the villagers for extension of the road. The scheme has been floated for repair or upkeep of the existing village roads. In the circumstances the Collector is directed to look into the matter immediately, examine the scheme, call upon the Executive Engineer, Rural Works Department to explain as to what exactly is being done for the purpose of upkeep of the village road and ensure that the raiyati lands of the villagers are not utilized without their consent. In case the Collector comes to the conclusion that the lands have been utilized for extending the road, he may ask the Rural Works Department to provide money for payment of compensation to such villagers and particularly the petitioners. The petitioners may file a fresh representation along with a copy of this order before the Collector who will dispose of the matter within a year. The Rural Works Department is directed to deposit the compensation amount / award amount within a period of three months from the date of requisition filed by the petitioners who will institute a land acquisition case and make payment of the award amount. The entire procedure should be completed within the aforesaid period. This writ petition is disposed of with the aforesaid observations and directions. haque ( Sheema Ali Khan, J.)