IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8532 of 2010 1. MUKESH KUMAR S/O LATE UDAY SINGH R/O VILLAGE & P.O.- BHARATPURA, P.S.- DULHIN BAZAR, DISTT.- PATNA. 2. MANOJ KUMAR S/O SRI RAM KRISHNA SINGH R/O VILLAGE AND P.O.- BHARATPURA, P.S.- DULHIN BAZAR, DISTT.- PATNA -------------------Petitioners. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA. 3. CHIEF ENGINEER, RURAL DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA. 4. SUPERINTENDING ENGINEER RURAL WORKS CIRCLE, PATNA. 5. EXECUTIVE ENGINEER RURAL WORKS DIVISION, PATNA. 6. ARUN KUMAR S/O NOT KNOWN TO THE PETITIONERS R/O VILL.- KORRA, P.S.- GHOSHI, DISTT.- JEHANABAD. 7. THE PRINCIPAL SECRETARY REVENUE AND LAND REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. 8. THE DISTRICT MAGISTRATE-CUM-COLLECTOR PATNA. ----------------Respondents. ---------------------- 5. 08.11.2010 A show cause and a counter affidavit have been filed before this Court giving explanation regarding compliance of the order as well as reply to this writ application. The petitioners grievance is that under the Prime Minister’ Rural Road Construction Scheme namely, Pali- Masaurhi Road Link Sarkuna, Village Bharatpura, lands of the petitioners relating to Khata No. 353, 487, 437, 247, Plot No. 1297 measuring 1.36 Acre, 1298, 1160 measuring 1.36 Acre were being utilized by the Rural Works Division. On perusal of the counter affidavit it appears that one Ashok Kumar Singh has virtually 2 accepted the fact that the petitioners land have been utilized for construction of the road, albeit by mistake, due to a mistake in measurement of the existing road. It has been categorically stated that as soon as it came to the notice of the respondents’ deponent, the Assistant Engineer Rural Works Department Sub-division, Bikram immediately was asked to stop the work on the land of the petitioners vide Memo No. 1912 dated 13.7.2010. It is expected that no further construction will be done on the land of the petitioners. This Court further makes it clear that the deponent namely, Ashok Kumar Singh would be personally held liable to answer to this Court, if there is any violation of the undertaking given before this Court. The show cause is accepted and the present deponent is exempted from personal appearance. This writ application is disposed of with no order as to cost. Anand Kr. ( Sheema Ali Khan, J.)