IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5950 of 2008 1. Sanjay Kumar, 2. Kumar Rajiv Ranjan, Both sons of Sri Raghunath Prasad, R/o. Mohalla- Balkishunganj, P.S. Alamganj, P.O. Gulzarbagh, Town & Distt. Patna. Versus 1. The State Of Bihar through the Principal Secretary, Road Construction Department, government ofo Bihar, Patna. 2. Principall Secretary, Road Construction Department, government of Bihar, Patna. 3. The Executive Engineer Incharge of Widening of the Digha road, Road Construction Department, Government of Bihar, Patna. Counsel for the Petitioners: Mr. Y.V. Giri, Sr. Advocate. Mr. Ashish giri, Advocate. Counsel for the State: Mr. Saroj Kumar Sharma. ---------------------------------- 05. 29.09.2011 The petitioners’ claim is that petitioner No.1 is the owner of part of Plot Nos. 746 and 743, Tauzi Nos. 5295 and 15187, Khata No.120/118 measuring 2 Kathas and 12 Dhurs situated at Mauza Salempur Dumra, Pargana Phulwarishariff, P.S. Shastrinagar, Sadar Registry Patna, Town & District- Patna, which is situated on the Eastern Side of the Digha Road. Petitioner No.2 is the owner of part of Plot No.746 and part of Plot No.743, Tauzi Nos. 5295/15187, Khata Nos.120/118, measuring 2 Kathas 12 Dhurs situated at Mauza Salempur Dumra, Pargana Phulwari, P.S. Shastrinagar, Sadar Registry, Patna, Town & District- Patna which is situated on the Eastern Side of the Digha Road. The petitioners claim is that they have acquired the lands through registered sale-deed and have constructed shops on part of the said lands acquired by them. It is alleged that the state government intends to widen the Digha Road connecting the Bally 2 Road on the South with the Digha locality on the North. It is submitted that this proceeding has been initiated without taking any steps to acquire the land of the petitioners. The road should be widened but in order to achieve the widening of road the road construction department ought to requisition for acquisition of the lands which they require for the purpose of broadening. It is clarified that requisition for acquisition is only required for raiyati lands. The State or its departments cannot demolish private lands of the persons living in the locality without following the due process of law. I therefore, direct the respondent concerned to take step in accordance with law to acquire the lands if so required for the widening of the roads. In the meantime it is expected that no coercive steps will be taken against the recorded land holders whose lands would be required for the said widening. This writ application is disposed of with the aforesaid observation and direction. The petitioner shall bring this order to the notice of the concerned authority in case he is disturbed without there being proper notices etc. under the Land Acquisition Act. Mkr. (Sheema Ali Khan, J.)