IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16232 of 2008 YOGENDRA PRASAD BHAKTA, SON OF LATE CHHATRADHARI BHAGAT, RESIDENT OF VILLAGE- HARIBELLA, P.S.- BATHNAHA, DISTRICT- SITAMARHI :---- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, SITAMARHI. 3. THE BLOCK DEVELOPMENT OFFICER, BATHNAHA, SITAMARHI. 4. THE DISTRICT PROGRAMME CO-ORDINATION OFFICER, ROJGAR GARANTI YOJNA SITAMARHI 5. THE PROGRAMME OFFICER, BATHNAHA, SITAMARHI :--- RESPONDENTS. ----------- 2. 05.01.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner has filed this writ petition asserting that portions of his raiyati lands bearing Plot No. 37, 107, 659 and 662 of Village- Bela in Bathnaha Block of Sitamarhi district has been encroached while laying a road under Mahatma Gandhi National Rural Employment Guarantee Scheme. In support of the aforesaid contention learned counsel for the petitioner has relied on the revenue receipt granted by the Halka Karmchari, copy whereof is contained in Annexure-1 to this writ application. 3. No counter affidavit has been filed in the matter although petition has remained pending for over two years. In the circumstances, this writ petition is disposed of directing the petitioner to appear before the Circle Officer, Bathnaha, Sitamarhi who should get - 2 - the aforesaid raiyati lands of the petitioner measured within one month from the date of receipt/production of a copy of this order and if any portion of the raiyati land of the petitioner is found encroached while laying road under the Mahatma Gandhi National Rural Employment Guarantee Scheme, said portion of the road which is encroaching the raiyati land of the petitioner be removed. Necessary measurement in compliance of the order be made in presence of the Circle Officer and the petitioner, who is directed to put his signature over the measurement taken by the Anchal Amin and encroachment if any found on the raiyati land of the petitioner be removed within the same time. While I was concluding the order, counsel for the petitioner submitted that he has received telephonic information from the petitioner only yesterday that the authorities have already begun earth filling work over the lands of the petitioner by taking soil from the other portion of the raiyati land of the petitioner. The authorities should not take any soil from the land of the petitioner without his consent or paying compensation therefor. P.K.P. (V.N.Sinha,J.)