IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10874 of 2009 NARESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 28.08.2009. Heard learned counsel for the parties. The petitioner has come to this court for a direction as to why and from whose authority/order, his raiyati land appertaining to khata no. 97, plot no. 1078 and area of 15 decimals, purchased from Tinha Singh has been excavated and some of its part used in road construction without following the provisions of Land Acquisition Act. Learned counsel for the petitioner states that a raiyati land can only be put to public use either with the consent of its owner or after acquiring the same in a land acquisition proceeding. Petitioner also submits that he had filed an application before the Collector, Nawada stating therein that the land in question belongs to him, whereafter a report was sought for from the BDO, Narhat. The BDO after verifying the fact submitted its report dated 26.1.2009 stating therein that the land in question belonged to one Tinha Singh s/o late Firangi Singh, who deserted the village and become a saint. The report further uncovers that no heirs of Tinha Singh appeared during enquiry. Learned counsel for the State submits that it appears private contractor may have excavated some soil from the land in question. Having heard the parties, this court observes that the BDO/C.O., Narhat will make an enquiry as to whether Tihna Singh sold the land in question to the petitioner or not. It will be open for the petitioner to produce a copy of the sale deed etc in support of this claim before the officials. - 2 - In case any enquiry culminates in petitioner’s favour, it would be open to the petitioner to take recourse to remedial measures for the damages against the persons/officials concerned. The writ petition stands disposed of with aforesaid observations and directions. Shashi. (Samarendra Pratap Singh,J).