IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1626 of 2004 Smt. Jairani Devi wife of Shri Pramod Prasad Singh, resident of village- Dahaur, P.S. Barh, District- Patna –Petitioner. Versus 1. The State of Bihar. 2. The Subdivisional Officer, Barh. 3. The Barh Municipal Council, through its Executive Officer. 4. The Chairman, Barh Municipal Council, Barh. –Respondents. ----------- For the petitioner: Sri Najmul Hoda, Adv. For the State : Sri Anshuman Singh, AC to AAG-1. For respondent no.3 and 5: Mr. Partha Sarthy, Adv. ------- 3/ 24-02-2011 Heard the parties. 2. The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking protection from this Court on an allegation that some people of the locality attempted to construct a road through a raiyati land bearing Khata No.237, Plot No.486, area 1 Katha 19 Dhoors and 12 Dhurkies situate at village-Chandi-Barh in the district of Patna, which the petitioner claims to have purchased through a registered deed of sale dated 17.5.2003(Annexure-‘1’). Neither the petitioner nor the counsel appearing for the respondents including Mr. Partha Sarthy, learned counsel appearing for the Barh Municipal Council (Barh Nagar Parishad) has produced any paper to show that either the land in question was ever acquired for the purpose of construction of a road or any order has been passed by 2 any competent officer of Barh Municipal Council or for that matter any officers of the State of Bihar. 3. In absence of any valid order having been passed by a competent authority, no road can be constructed through a private land belonging to the petitioner. The action of some individuals, if at all true, was wholly unjustified and illegal. 4. Though counter affidavit has not been filed on behalf of the respondents, despite previous orders passed by this Court, but no useful purpose will be served by keeping the matter pending any longer before this Court. Therefore, the petitioner is hereby directed to appear before the Executive Officer of Barh Municipal Council with a representation regarding her claim accompanied by a copy of the present order within a period of four weeks from today. If such a representation is filed, respondent no.3, the Executive Officer, will be legally obliged to consider the representation filed by the petitioner and pass appropriate reasoned order regarding the claim raised on her behalf. It goes without saying that if the land in question is not a public land or not belonging to the Barh Municipal Council, then respondent no.3 will have no jurisdiction/power to construct any road through the land in question, unless and until it is acquired by adopting a procedure 3 prescribed under the law. The representation filed by the petitioner must be disposed of within a period of three months from the date of its filing by respondent no.3, after giving an opportunity of hearing to all concerned. 5. However, it is made clear that if the petitioner does not appear before respondent no.3 within four weeks from today with her representation and a copy of this order, then it shall be construed that the present writ petition has finally been rejected by this order. 6. With the aforesaid direction/observation, this writ petition stands disposed of. There shall be no order as to costs. BTiwary/ (Birendra Prasad Verma, J.)