IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5758 of 2009 1. Kapildeo Prasad Singh, son of late Sitaram Sarain, resident of village- Parthu, Police Station- Ekangar Sarai, District- Nalanda. 2. Ganauri Prasad Singh, son of late Rupal Singh, resident of village- Bazitpur, Police Station- Ekangarsarai, District- Nalanda. 3. Tinku Singh, son of Late Sakal Singh, resident of village- Bazitpur, Police Station- Ekangarsarai, District- Nalanda. 4. Sheo Prasad, son of Late Deodat Mahto, resident of village- Bazitpur, Police Station- Ekangarsarai, District- Nalanda. 5. Ramswaroop Prasad, son of late Deodat Mahto, resident of village- Bazitpur, Police Station- Ekangarsarai, District- Nalanda. 6. Jawahar Prasad, son of late Deodat Mahto, resident of village- Bazitpur, Police Station- Ekangarsarai, District- Nalanda. … Petitioners. Versus 1. The State Of Bihar through the Chief Secretary, Old Secretariat Patna. 2. Principal Secretary, Water Resources Department, Government of Bihar, Patna. 3. Commissioner, Patna Division, Patna. 4. Engineer-in-Chief, Water Resources Department, Government of Bihar, Patna. 5. District Magistrate, Nalanda. 6. Chief Engineer, Water Resources Department, Patna. 7. Superintending Engineer, Water Resources Department, Patna. 8. Executive Engineer, Irrigation Department, Ghosi at Jehananbad. 9. Assistant Engineer, Ghoshi, Jehanabad. 10. Sub- Divisional Officer, Hilsa, District- Nalanda. 11. Circle Officer, Ekangarsarai Block District- Nalanda. …Respondents. ----------- For the petitioner : Mr. Pramod Kumar, Adv. : Mr. Ritesh Kumar, Adv. For the State : Mr. Nivedita Nirvikar, G. P.16 ------ 6. 12.03.2010 Though this writ petition was filed on many a ground, yet the basic grievance fallen through the process of deliberation is that the lands of the petitioners are likely to be encroached upon by the State without taking 2 recourse to the process of acquisition as contemplated and engrafted under Land Acquisition Act, 1894. A counter affidavit has been filed by the State Counsel contending inter alia in paragraph 7 onwards that the State Government is not going to entrench or encroach upon the area of the petitioners without taking recourse to the process of acquisition and the canal in presenti shall be constructed on the available government land. In view of the aforesaid, we are only inclined to direct that the possession of the petitioners over the land belonging to them shall not be disturbed unless due procedure as contemplated under Land Acquisition Act is followed. With the aforesaid observation and direction, this writ petition stands disposed of. There shall be no order as to costs. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)