IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8647 of 2010 1. ARVIND KUMAR SINGH, S/O DINESH KUMAR SARAN SINGH, R/O VILLAGE AURA (TARIYANI) ,P.S. TARIYANI, DISTRICT- SHEOHAR - Petitioner. Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY , ROAD CONSTRUCTION DEPARTMENT,GOVT. OF BIHAR, PATNA. 2. THE COLLECTOR, SHEOHAR. 3. THE DISTRICT LAND ACQUISITION OFFICER,SHEOHAR. 4. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DIVISION,SHEOHAR - Respondents. ----------- 2 23.6.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. In this case the petitioner is aggrieved by the action of the Collector, Sheohar and the District Land Acquisition Officer, Sheohar by which they have, without initiating any proceeding under the Land Acquisition Act, demolished the hut etc. of the petitioner for the purposes of widening of the road of village Kariyani, Mauza Bishunpur Bindi and Fakira with respect to 16-17 KMs of the road. The details are given at paragraph no.5 of the writ petition. Similarly the Road Construction Department has undertaken to widen the road at Chatauni-Belsund road at 15 KM in Mauza Bishunpur Bindi and Fakira. This court by order, dated 22.6.2009 directed that no further demolition should not take place in the similar matter relating to widening of the road in CWJC No. 3096/2008 which was finally decided on 2.12.2009 by giving a direction to the Collector, Sheohar and the Land Acquisition Officer, Sheohar to ensure the completion of the Land Acquisition Proceeding by publishing section 4 notification, section 6 declaration and award within two months from the date of passing of the order. 2 Considering that the case of the petitioner is similar to the facts of CWJC No. 3096/2008 and also considering that it is completely unjustified for the State Government to occupy and take possession of private lands without a proper proceeding, I direct that the Collector, Sheohar and the Land Acquisition Officer, Sheohar should ensure the completion of Land Acquisition Proceeding within a period of nine months, which includes the payment of the award money. A copy of this order may be sent to the Principal Secretary, Road Construction Department, Bihar, Patna so that he may take a decision and requisition the funds that would be required for widening of the road so that the persons aggrieved by the action of the State do not have to come to this court with similar grievances. The Principal Secretary, Road Construction Department was present in court on 21.12.2009 when order was passed in CWJC No. 3696/2008. Therefore, he must be well aware, by now, regarding the necessity of getting allotment of funds for the purpose of acquiring the land, for the purpose of widening the roads. This writ petition is allowed with the aforesaid directions. haque (Sheema Ali Khan, J.)