IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12798 of 2009 ====================================================== Gyani Choudhary, son of Late Bengali Chaudhary, resident of village Dhankutwa, Post Office Murli, Police Station shikarpur, Narkatiaganj, District West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The District Magistrate, West Champaran at Bettiah 3. The Circle Officer, Narkatiaganj, West Champaran 4. The Assistant Engineer, Rural Engineering Organization, Road Construction Department, Narkatiaganj, West Champaran 5. M/s Narayani Centrudian, Bettiah through its proprietor 6. Shri Manokamna Pandey, son of late Jishwanath Pandey, resident of village Dhankutwa, Post Office Murli, Police Station Shikarpur, Narkatiaganj, West Champaran .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajani Kant Mishra Mr. Suresh Mishra For the Respondent/s : Mr. (SC8) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 3 19-09-2011 Heard Counsel for the parties. The petitioner is aggrieved by the fact that his land is being utilized for construction of the road under the Pradhan Mantri Gramin Sarak Yojana. The State was asked to file counter affidavit. One Ram Janam Ram, Assistant Engineer, Road Construction Department, Narkatiaganj has filed an affidavit, paragraphs 5 and 6 of which reads as follows:- “5. That the case of the petitioner is that the petitioner Patna High Court CWJC No.12798 of 2009 (3) dt.19-09-2011 2 / 3 2 has his residential house situated over his khatiyani land bearing plots no. 283 and 284 of khata no. 16, thana no. 376, mouza Dhankutwe, Anchal Narkatiaganj, District West Champaran and having an area of 2 kathas and 19 dhurs. In the south of the aforesaid land, there is a road on plot no. 258, khata no. 4, thana no. 376, mouza Dhankutwa which is also recorded in the land record and this road is about 15 „kadi‟ in breadth and 60 „kadi‟ in length. 6. That it is further said that the authorities are constructing the road under „Pradhan Mantri Gramin Sadar Yojna‟ over the private land of the petitioner instead of over the land actually meant for the said purpose as the said land has been encroached by respondent no. 6.” Once it is recorded that plot no. 258 which the demarcated land on which the road is situated has been encroached, I do not understand how the Assistant Engineer did not bring this fact to the notice of the authorities concerned. The matter should have been brought to the notice of the Sub Divisional Officer, Narkatiaganj and/or the District Magistrate, so that the steps should be taken to remove the encroachment from the land which is demarcated as the road. I would like to mention here that the notices have not Patna High Court CWJC No.12798 of 2009 (3) dt.19-09-2011 3 / 3 3 been issued in this case to respondent no. 6. It is, therefore, directed that the Sub Divisional Officer, Narkatiaganj may issue notice to the respondent no. 6 and after hearing him and the present petitioner, pass an appropriate orders and take steps for removing any illegal construction. The said procedure should be completed within a period of four months from the date of receipt/production of a copy of this order. Both the parties would be required to produce their documents of title to the lands in question. Till the final order is passed in this case by the Sub Divisional Officer, Narkatiaganj, further construction of the road shall remain stayed. Let a copy of this order be produced by the petitioner before the Sub Divisional Officer, Narkatiaganj and the District Magistrate, West Champaran at Bettiah along with the order dated 02.05.2010 passed in CWJC No. 2490 of 2010 and its analogous cases. This application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)