IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10812 of 2010 Chandra Bibhuti Prasad Singh, son of late Yadunandan Prasad Singh, resident of Village Hasanpur, Police Sttion Teghra, District Begusarai … … Petitioner Versus 1. The State Of Bihar 2. The District Magistrate, Bagusarai 3. The Deputy Development Commissioner, Begusarai 4. The Sub-divisional Magistrate, Teghra, District Begusarai 5. The Block Development Offier, Bhagwanpur Block, District Begusarai 6. The Circle Officer, Bhagwanpur Block, Begusarai 7. The Executive Engineer, Prime Minister Rural Road Scheme, Begusarai 8. The Junior Engineer, Bhagwanpur Block, District Begusarai … … Respondents ---------------------------------- 2. 22.12.2011 The petitioner’s grievance in this writ application is that the land appertaining to khata no. 29, Khesra No. 320 under Mauza Kazi Rasalpur, Thana No. 170 is being utilized by the Executive Engineer, Prime Minister Rural Road Scheme, Begusarai and the Junior Engineer, Bhagwanpur Block, Begusara, which has been encroached for construction of a road. It is specifically stated in the writ application and in the various representations made on behalf of the petitioner to the authorities concerned that the road exists on Survey Plot no. 321 which belongs to the State of Bihar. It is contended that since some of the ante-social elements have encroached upon plot no.321 of khata no.29, the authorities aforesaid are now constructing the road on the raiyati land of the petitioner, i.e. plot no. 320 of the said khata. The further contention of the petitioner is that even the road cannot be 2 constructed on his raiyati land under the Prime Minister Rural Road Scheme as the said scheme does not envisage construction of a road on the raiyati land of the villagers except with their consent and it also does not envisage acquisition of land and payment of compensation. I, thus, direct the Circle Officer, Bhagwanpur Block, Begusarai, the Executive Engineer, Prime Minister Rural Road Scheme, Begusarai and the Junior Engineer, Bhagwanpur Block, Begusarai, respondents 6 to 8, to ensure that the road is not constructed on the raiyati land of the petitioner. I further direct that the Circle Officer, Bhagwanpur, Begusarai should examine the records and if it is found that Plot no. 320 has been recorded as main road and further, if it is found that there is an encroachment of said land, then initiate an encroachment proceeding for removal of the encroachment by giving notices to the encroachers and pass appropriate orders for its removal and then respondents 7 and 8 shall be free to lay down the road or upgrade the road supposedly on plot no. 320. With the above observation/direction, the writ petition is disposed of. Kanth ( Sheema Ali Khan, J.)