IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8340 of 2010 1. KHALIKUZZAMA S/O LATE SHAH ALE HASAN R/O VILL DAUDNAGAR, P.O.DAUDNAGAR, P.S.VAISHALI, DISTT-VAISHALI. ---------- Petitioner Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE VAISHALI AT HAJIPUR 3. THE DEPUTY DEVELOPMENT COMMISSIONER VAISHALI AT HAJIPUR 4. THE SUB-DIVISIONAL OFFICER VAISHALI AT HAJIPUR 5. THE BLOCK DEVELOPMENT OFFICER null VAISHALI , DISTT-VAISHALI 6. THE BLOCK PROGRAMME OFFICER BLOCK VAISHALI, DISTT-VAISHALI 7. THE DISTRICT LAND ACQUSITION OFFICER VAISHALI AT HAJIPUR 8. THE SUPERINTENDING ENGINEER, RURAL WORKS DEPARTMENT MUZAFFARPUR DIVISION 9. THE EXECUTIVE ENGINEER, RURAL WORKS DEPARTMENT VAISHALI AT HAJIPUR. -----------Respondents ----------- 2 21.05.2010 Heard Mr. Surrendra Kishore Thakur, learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this writ application reads as follows:- 1(i) For issuance of writ in the nature of mandamus directing and commanding the Respondents Authorities not to construct a bridge in the private land of the Petitioner without any acquisition and compensation. (ii) For further direction to the Respondent Authorities, the District Magistrate and Executive Engineer (R.E.O.) to inquire the matter and take appropriate action against the Respondent concerned who illegally gong to construct a connecting bridge in the raiyati land of the petitioner without any proceeding of 2 acquisition or consent of the land owner. (iii) For further direction to the Respondent Authorities to dispose of the representation of the Petitioners within time framed by reasoned and speaking order directing the concerned Respondent not to construct a connecting bridge in the raiyati land of the Petitioner in compliance of Advertisement No. 03/2009-2010.” Mr. Thakur would submit that the bridge, in question, is a raiyati land of the petitioner in plot no. 684. He has also submitted that the petitioner has already filed a detailed representation in this regard to the Collector of Vaishali district on 24.4.2010 along with other villagers. He would, therefore, submit that when no action has been taken on such representation, this Court should stay the work of construction of the bridge till the disposal of the representation of the petitioner. Counsel for the State on the other hand would submit that it is very difficult for him to understand as to on what basis, the petitioner is claiming that his land in plot no. 684 has been made part of the bridge in 3 question. He would submit that the Collector of the Vaishali district can dispose of the representation but no order of restrain should be passed, inasmuch as, if the raiyati land of the petitioner has been utilized without its being acquired for construction of bridge, the Government will be either bound to pay the compensation or in alternative remove its structures. This Court, for the time being, would only direct the Collector of the district to consider the grievance of the petitioner as raised in Annexure-5, the representation filed by him, and pass a reasoned order within a period of one week from the date of receipt/production of a copy of this order. The Collector of the Vaishali district in fact would confine his enquiry and the resultant order only in respect of plot no. 684 and if he would find that plot no. 684 is being used for construction of bridge without consent of the land owners including the petitioners or without its being acquired, he would direct the concerned authorities either to start the process for payment of compensation to the 4 land holders or stop the work of construction of the bridge. Let it be made clear that this Court has not gone into the merit of the claim of the petitioner that plot no. 684 is a raiayti land belonging to the petitioner or the same cannot be utilized for construction of bridge in accordance with law. With the aforementioned observations and directions, this application is dispose of. Let a copy of this order being given to Mr. AAG-3 for its immediate compliance. Rsh (Mihir Kumar Jha, J.)