IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10225 of 2009 SHIV KUMAR, S/O ISHWARI PRASAD, R/O MOHALLA -GIRIYAK ROAD NEAR BARI SANGAT, P.O. RAJGIR, DISTT-NALANDA. -PETITIONER Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATI RAJ GOVERNMENT OF BIAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATI RAJ, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, NALANDA. 4. THE DEPUTY DEVELOPMENT COMMISSIONER, NALANDA. 5. THE SUB-DIVISIONAL OFFICER, RAJGIR, DISTT- NALANDA. 6. THE JILA PARISHAD, NALANDA THROUGH ITS CHIEF EXECUTIVE OFFICER, BIHARSHARIF, DISTT-NALANDA. 7. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BIHARSHARIF, DISTT-NALANDA. 8. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, BIHARSHARIF, DISTT-NALANDA. 9. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT,BIHARSHARIF, DISTT-NALANDA. 10. THE ASSISTANT ENGINEER, ROAD ONSTRUCTION DEPARTMENT, BIHARSHARIF, DISTT-NALANDA. -RESPONDENTS 4 05.10.2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Zila Parishad, Nalanda. Petitioner has filed this writ petition in public interest to restrain the respondents, particularly the Zila Parishad, Nalanda, from constructing shops over plot no. 2 5298 and 5296 at Rajgir Bazar, District Nalanda, on the ground that both the plots belong to Road Construction Department, Government of Bihar and are needed for widening of the road and Zila Parishad is not authorized to construct shops on those roads. Considering the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner that he may raise the aforesaid contention before the respondent no.3, the District Magistrate, Nalanda, who may obtain the views of Zila Parishad, Nalanda, as well as Road Construction Authorities and issue appropriate directions. It is expected that the District Magistrate, Nalanda, respondent no.3, shall take a decision in the matter as per law preferably within three weeks from the date of filing the representation. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad 3