IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6319 of 2009 SATANDAR KUMAR SINGH, SON OF LATE MANDEO SINGH, RESIDENT OF VILLAGE BABHAN BALIA, P.O. DHARMPURA, POLICE STATION DAUDPUR, DISTRICT SARAN AT CHAPRA. -------PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, RURAL WORKS DEPARTMENT, BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, SARAN AT CHAPRA. 4. THE DISTRICT LAND ACQUISITION OFFICER, SARAN AT CHAPRA. 5. THE SUB DIVISIONAL OFFICER, SARAN AT CHAPRA. 6. THE CIRCLE OFFICER, MANJHI BLOCK, SARAN AT CHAPRA. 7. THE ENGINEER IN CHIEF, RURAL WORKS DEAPRTMENT, BIHAR, PATNA. 8. THE EXECUTIVE ENGINEER, DIVISION-2, RURAL WORKS DEPARTMENT, CHAPRA----RESPONDENTS. ----------- 05. 04.12.2009 After some argument learned counsel for the petitioner has chosen to withdraw this application with liberty to represent before the Secretary, Rural Works Department, Bihar, Patna and to submit before him that the construction of road from Raunpatti to Imadpur is a new project and such construction is being made without acquisition of the lands on the basis that the road is in existence for the last so many years, which is not a fact and such fact is evident from the report of the Government of Bihar, Annexure-B to the counter affidavit, whereunder the road has been shown as a new connectivity, which submission of the petitioner is being refuted on the basis of the map annexed with the project report indicating the existing ground/road levels as also the proposed road level. With the liberty aforesaid, this writ application is disposed of with direction to the Secretary, Rural Works Department, Bihar, Patna to consider the contention of the petitioner that the aforesaid road is a new connectivity and if it is found that earlier there was no road then petitioner be paid compensation, failing which a reasoned order be passed. Rajesh/ ( V. N. Sinha, J.)