IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.660 OF 2007 SHYAM SUNDAR THAKUR, VILLAGE BALHA MADHUSUDAN, POLICE STATION PUPRI, SITAMARHI. VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR SITAMARHI 3. SUB DIVISIONAL OFFICER PUPRI, SITAMARHI 4. CIRCLE OFFICER PUPRI 5. BLOCK DEVELOPMENT OFFICER PUPRI 6. THE MUKHIA GRAM PANCHAYAT RAJ, BALHA, MADHUSUDAN, PUPRI 7. PANCHAYAT SECRETARY, GRAM PANCHAYAT RAJ, BALHA MADHUSUDAN, PUPRI. -------- For the Petitioner/s: Mr. ASHOK KUMAR JHA For the Respondent/s: Mr. (GP20) ------------- 3. 07.07.2011. The petitioner prays to direct the respondents to remove the illegal construction from his Khatiyani lands. He submits that 0.13 acres of land of Khata no. 561, Khesra no. 4033 and 4036 has forcibly been taken by the Panchayat Secretary for constructing road. He made a complaint to the Circle officer, Sub Divisional Officer and the DDC, Sitamarhi. The Circle officer directed the Halka Karmchari and Amin to measure and submit report. The Block Development Officer vide his letter no. 485 dated 22.7.2005 observed that the portion of land used in making road is not public and the same belongs to the petitioner. The land has been used without his consent. The Sub Divisional Officer vide his letter no. 437C dated 5.8.2005 directed the Block Development Officer to take appropriate action against the erring 2 officials and remove the obstructions from petitioner’s land. The petitioner also represented to the Collector Sitamarhi on 18.2.2006, Annexure 5 but no steps have been taken. Counsel for the State submits that it would appear from own pleading of the petitioner that the soling of the road has been made long back. It appears from various reports that petitioner’s land has been used in constructing road without his consent. A person cannot be deprived of his raiyati land, save and except as provided under the law. If the petitioner files a representation before the learned Collector, Sitamarhi, he would get measured the area of raiyati land of petitioner which has been used in construction of the road and would see that due compensation is paid within six months. The writ petition thus stand disposed of. Shashi ( S.P. Singh, J.)