IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16492 of 2008 YOGENDRA PRASAD BHAKTA, SON OF LATE CHHATRADHARI BHAGAT RESIDENT OF VILLAGE- HARIBELLA, P.S.- BATHNAHA, DISTRICT- SITAMARHI :---- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, SITAMARHI. 3. THE BLOCK DEVELOPMENT OFFICER, SURSAND, SITAMARHI. 4. THE EXECUTIVE ENGINEER, R.E.O. WORKS DIVISION, SITAMARHI 5. THE ASSISTANT ENGINEER, REO SUB-DIVISION, SURSAND, SITAMARHI :--- RESPONDENTS. ----------- 2. 12.01.2011. Heard learned counsel for the petitioner and the State. 2. Petitioner is the raiyat of 9.5 decimals of land bearing Plot No. 2055 appertaining to Khata No. 210 of Village- Lohakhar within Sonbarsa Anchal of Sitamarhi district. He is aggrieved by the action of the authorities as they are raising Haribella-Sirsiya Road under the Prime Minister’s Rural Road Scheme over the aforesaid land without either acquiring the land or taking the consent of the petitioner or his wife in whose name the lands have been purchased through sale-deed. 3. Having heard counsel for the parties, I direct the petitioner to appear before the Collector, Sitamarhi who should instruct the Circle Officer, Sonbarsa to get - 2 - the lands measured after notice to the petitioner who is also directed to put his signature over the measurement report and if any portion of the aforesaid land has been used for raising road without acquisition or consent of the petitioner, the road laid over the same be removed and the land be restored in its original position. Measurement in compliance of this order be taken as early as possible, in any case within one month from the date of receipt of a copy of this order before the Collector and appropriate final order in the light of the measurement report be passed within one month from the date of receipt of the measurement report. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)