IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18314 of 2010 ASHOK KUMAR MAHTO S/O JUGAL PRASAD MAHTO, R/O VILLAGE + POLICE STATION-RANIGANJ, P.O. MERIGANJ, DISTRICT-ARARIA. ……………Petitioner Versus 1. THE UNION OF INDIA. 2. THE MANAGING DIRECTOR, NATIONAL HIGHWAY AUTHORITY, NEW DELHI. 3. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, ARARIA DIVISION, ARARIA. 4. THE STATE OF BIHAR. 5. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 6. THE CHIEF ENGINEER, NATIONAL HIGHWAY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 7. THE DISTRICT MAGISTRATE-ARARIA. 8. THE DISTRICT DEVELOPMENT COMMISSIONER, ARARIA. 9. THE SUB DIVISIONAL OFFICER, ARARIA. 10. THE CIRCLE OFFICER, RANIGANJ, DISTRICT-ARARIA. ……………Respondents ----------- 07 07.03.2011 Heard learned counsel for the petitioner, the National Highway Authority of India and the State. Petitioner has filed the present application, seeking a direction upon the respondent authorities not to construct State Highway Road over his land appertaining to Khata No. 301, Kheshara Nos. 2043 and 2044, situated in Village-Hasanpur, within Raniganj Police Station, in the District of Araria. It is the stand of the petitioner that he owns and possesses the aforesaid lands by virtue of a decree passed by the competent court of civil jurisdiction in Title Suit No. 835 of 1962. It is further the case of the petitioner that construction of Karshera- Jogbani State Highway is underway by an agency appointed by the respondents. In course of construction of the aforesaid road part of his aforesaid land has been encroached upon. It is further the case of 2 the petitioner that on his application, measurement has been made by the local Amin on 10.05.2010. In paragraph No. 15 of the application, the petitioner has asserted as under:- “15. That the road in front of the petitioner, house from before was 30 kari and now the authorities are increasing it to 34 kari. But without any acquisition proceedings the authorities at best should have used maximum 2 kari from the petitioner’s side but they are encroaching more area on the side of the petitioner.” It is further stated in the writ petition that several representations have been filed in this regard, but no action has been taken thereon. A counter affidavit has been filed on behalf of the National Highway Authority of India (for short N.H.A.I.) wherein a stand has been taken that the road in question is not being constructed by the said authority. Learned counsel for the petitioner submits that in view of these facts, he may be permitted to approach the respondent- Collector for ventilation of his grievance. Referring to Annexure-5, it is submitted that although a representation was filed before the respondent-Collector/District Magistrate but the petitioner would again approach the said authority by filing a detailed representation annexing therewith all relevant documents which may be directed to be considered and disposed of by the said authority. 3 Learned counsel appearing on behalf of State-respondents, in view of the said stand taken by the petitioner submits that such liberty, in the facts and circumstances of this case, may be granted to the petitioner. Having considered the submissions made on behalf of the parties and after going through the materials on record, this court is satisfied that present application may be disposed of by the following order:- Let the petitioner submits a fresh representation supported by all the relevant documents as also a copy of the present order passed in the present writ petition within four weeks from today, whereafter the respondent No. 7 (The District Magistrate-Araria) shall consider and dispose of the same in accordance with law expeditiously, preferably within 10 (ten) weeks from its presentation. In view of the interim order passed in the present writ proceeding on 22.11.2010, this court further directs that till filing of representation before the said authority in terms of the present order, no road should be constructed on the lands claimed by the petitioner in the present proceeding. Safik (Kishore K. Mandal, J.)