IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5742 of 2006 1. KRISHNA NAND SINGH, SON OF LATE AYODHYA PRASAD. 2. UPENDRA MANDAL, SON OF DEEP NARAYAN MANDAL, BOTH RESIDENT OF VILLAGE- DINDAYALPUR, P.S.- SHAHKUND, DISTRICT- BHAGALPUR :------PETITIONERS. Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE. 3. EXECUTIVE ENGINEER, RURAL DEVELOPMENT, SPECIAL DIVISION, BHAGALPUR. 4. BLOCK DEVELOPMENT OFFICER, SHAHKUND BLOCK SHAHKUND, BHAGALPUR. 5. BEPIN KUMAR SINGH, SON OF DEGHDU MANDAL, VILLAGE- DINDAYALPUR, P.O.- DEDUWDA, P.S. SHAHKUND, DISTRICT- BHAGALPUR :----RESPONDENTS. ----------- 2. 28.03.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are resident of Village- Dindayalpur, P.S.- Shahkund, District- Bhagalpur. This writ petition has been filed asserting that concrete road is being laid over Plot No. 769 and thereby the petitioners are deprived of the opportunity of harnessing the rain water which is collected in Plot No. 769 and used for irrigating the adjoining plots on the two sides of Plot No. 769. In this connection it is further pointed out that Plot No. 769 is being used by the villagers for harnessing the rain water since time immemorial as the ridge on the other side of the said plot is being used for movement of the pedestrians and petitioners have no objection if the ridge portion of the plot is changed into a concrete road leaving aside the other portion of Plot No. 769 for harnessing of the rain water. 2 3. Having heard counsel for the petitioners and the State, I direct the petitioners to represent before the Collector, Bhagalpur who should call the Executive Engineer under whose authority the concrete road is being laid over Plot No. 769 and thereafter ensure that petitioners are not deprived of the opportunity to harness the rain water collected in Plot No. 769 as also provide for laying of the concrete road over the ridge portion of Plot No. 769. Appropriate instruction in this regard be issued by the Collector, Bhagalpur as early as possible in any case within one month from the date of receipt of the representation of the petitioners along with a copy of this order. 4. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)