IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11743 of 2009 SANTOSH SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr.Ajay Kumar,Adv. For the State: Mr. Lalit Kishore, A.A.G.3. 2 10.9.2009 The grievance of the petitioner is that his ancestral land bearing Plots No.515/866, 515/867, 515/868, 515/869 and 515/870 pertaining to Khata No.175, Thana No.96 of Village- Dhobapur Bansara under Baheri Anchal in the District of Darbhanga has been acquire for building of Additional Primary Health Centre. Baheri Block, without due acquisition of the land. The learned State counsel referred to the letter No.2233 dated 11.9.06 of Civil Surgeon addressed to the Health Secretary, Health Department, Govt. of Bihar, stating therein that one Gopal Singh, Ex- Mukhiya, uncle of the petitioner by an application had donated the aforesaid land for the purpose of establishing a Health Primary Centre in the name of his ancestor, namely, Late Madan Mohan Singh Solanki. The aforesaid letter is said to be of the year, 1960. He further submits that the petitioner should have filed a representation before either Civil Surgeon or Circle Officer for verification of the fact whether the Additional Primary Health Centre has been constructed on the land of the petitioner. Having heard the learned counsel for the parties I observe that if the petitioner files an application before the Circle Officer for ascertaining that the Additional Primary Health centre 2 has been constructed on the aforesaid land he will make due verification in this respect. Further more the S.D.O., Darbhanga would verify whether the petitioner’s ancestor had donated the land in question in the year, 1960 for construction of the building Additional Health Primary Centre within a period of two months from the date of receipt of a copy of this order. In case any subsequent cause of action arises it would be open to the petitioner to move appropriate authority for redressal of his grievance. Learned counsel for the petitioner submits that he will have no objection if the aforesaid land stands acquired on payment of compensation as provided in the Land Acquisition Act. With the aforesaid observation and direction this writ application stands disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)