IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4682 of 2010 1. SADANAND SINGH S/O LATE MATUK NATH SINGH R/O VILL.- KASBA, P.S.- SHAMBHUGANJ, DISTT.- BANKA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, RURAL WORKS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE EXECUTIVE ENGINEER RURAL WORKS DIVISION, BANKA 4. THE COLLECTOR, BANKA 5. THE DISTRICT LAND ACQUISITION OFFICER, BANKA 6. THE BLOCK DEVELOPMENT OFFICER SHAMBHUGANJ, DISTT.- BANKA 7. THE CIRCLE OFFICER SHAMBHUGANJ, DISTT.- BANKA ----------- 06/ 19.04.2010 Heard learned counsel for the petitioner and the State. 2. The present writ application has been filed asserting that petitioner is the raiyat of the lands detailed in paragraphs 5 and 6 of this application, which are being encroached upon by the State authorities for laying a village road without acquiring the same. 3. Counsel for the State- respondents by filing counter affidavit, has disputed the assertion of the petitioner and it is submitted, with reference to the averments made in the counter affidavit as also the report of the Circle Officer, Shambhuganj, Respondent no. 7 dated 12.4.2010, Annexure-B to the counter affidavit, that petitioner not being in possession of plot nos. 301, 303 and 304, can hardly have any objection, if the road is being laid by encroaching the lands of the said plots. 4. Title and possession of the petitioner on the other plots have not been disputed in the report dated 12.4.2010, 2 Annexure-B to the counter affidavit, in the circumstances, it is directed that the lands of the other plots leaving aside plot nos. 301, 303 and 304 be measured afresh in presence of the petitioner, for which purpose, petitioner should appear before the Circle Officer, Shambhuganj, Respondent no. 7 along with a certified copy of this order on or before 30.4.2010 when the Circle Officer, Shambhuganj, Respondent no. 7 shall fix a date for measurement of other plots excluding plots nos. 301,303 and 304 in presence of the petitioner and after measuring the lands, road in question shall be laid only to the extent of public land after demarcating the lands of the petitioner with reference to the area shown in the Khatiyan. Any encroachment made by the petitioner should also be removed under the orders of the Circle Officer, Shambhuganj, Respondent no. 7 passed in terms of the provisions contained in the Land Encroachment Act. 5. Until the afresh measurement is made in the light of this order, no coercive steps be taken against the petitioner. 6. The writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)