IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16105 of 2009 1. Audh Kumar S/O Ram Sajan Singh R/Ovill Selhouri, P.S.Dulhin Bazar, Distt- Patna 2. Ramashray Singh S/O Late Dhup Lal Singh R/Ovill Selhouri, P.S.Dulhin Bazar, Distt- Patna 3. Bhuneshwar Prasad Verma S/O Late Yugeshwar Prasad R/Ovill Selhouri, P.S.Dulhin Bazar, Distt- Patna Versus 1. The State Of Bihar , Through The Principal Secretary, Department Of Home , Government Of Bihar, Old Secretariat , Patna 2. Senior Superintendent Of Police Patna 3. The Circle Officer Dulhin Bazar , Patna 4. The Officer In Charge Dulhin Bazar Police Station 5. Sri Mithilesh Yadav S/O Sri Chandra Deo Yadav R/Ovill Rikhai Tola, P.S.Dulhin Bazar, Distt- Patna 3 29.9.2011 Heard the parties. This writ petition has been filed for a direction to the respondent authorities not to permit any encroachment on the private land of the petitioners appertaining to plot nos. 545, 546 and 526 in Mauza Selhoury, PS Dulhin Bazar, District Patna. A counter affidavit has been filed on behalf of the State in which it has been asserted that the road is being built under the NAREGA scheme No. 26/2006-7 by the villagers through the Panchayat Samiti. It is further said that the Officer Incharge of Dulhin Bazar has recommended a proceeding under section 107 of the Cr.P.C. Any construction of public road on the raiyati land of the villagers can only be done after their written consent is taken by the Panchayat Samiti or the Government authorities. No body can be forced to give up his land unless he wishes to do so in public interest. It is also a fact that under the NAREGA scheme it 2 is expected that the existing road in the village is reconstructed and improved for the benefit of the village. If there is no public road on the spot where the road is now being constructed, then the Circle officer is duty bound to look into the matter and resolve any dispute regarding such matter. This writ petition is disposed of with the aforesaid direction to the respondents Circle Officer and the Officer Incharge of Dulhin Bazar P.S. to look into the aforesaid aspects and thereafter utilize the money available under the NAREGA scheme to allow construct on the already existing village road. The petitioner would be at liberty to produce a copy of this order before the authorities concerned. haque ( Sheema Ali Khan, J .)