IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5876 of 2006 RAJ NARAYAN THAKUR, SON OF LATE LAXMI KANT THAKUR RESIDENT OF VILLAGE MOHAN AGHU, P.S. MUFASSIL, DISTRICT BEGUSARAI. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR-CUM-DISTRICT MAGISTRATE, BEGUSARAI. 3. THE DEPUTY DEVELOPMENT COMMISSIONER, BEGUSARAI. 4. THE SUB-DIVISIONAL OFFICER, BEGUSARAI SADAR. 5. THE BLOCK DEVELOPMENT OFFICER, BEGUSARAI. 6. THE CIRCLE OFFICER, BEGUSARAI. 7. THE SUB-DIVISIONAL OFFICER, TUBEWELL DIVISION-II WORKSHOP, BEGUSARAI. 8. THE OFFICE INCHARGE, BEGUSARAI MUFASSIL POLICE STATION, BEGUSARAI. 9. SRI ARVIND PASWAN, MUKHIA, GRAM PANCHAYAT RAJ MOHAN AGHU, SON OF NOT KNOWN TO THE PETITIONER RESIDENT OF VILLAGE BAJITPUR, P.O. AGHU, P.S. MUFFASIL, BEGUSARAI. 10. SMT. VIBHA DEVI WIFE OF SRI TULSI SINGH, WARD COUNCILLOR, RESIDENT OF VILLAGE BAIRIYA AGHU, P.O. AGHU, P.S. MUFASSIL, DISTRICT BEGUSARAI. 11. SRI ARUN SINGH, EXECUTIVE AGENT, WARD NO.3 CUM PANCHAYAT SEWAK, SINGHAUL, RESIDENT OF VILLAGE AND P.S. AGHU, P.S. MUFASSIL, DISTRICT BEGUSARAI. ----------- 02/ 28.03.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner claims himself to be the raiyat of lands detailed in paragraph-4 of the writ petition bearing plot nos.56, 58, 59 appertaining to khata no.168, plot nos.64, 65 appertaining to khata no.210 and plot no.67 appertaining to khata no.136 situate in village Mohan Aghu, police station Muffasil, district Begusarai. It is submitted on behalf of the petitioner 2 that 8 decimals of aforesaid plot no.67 was acquired by the State Government for sinking a tubewell and laying a drain vide Land Acquisition Case No.35 of 1967-68. 3. This writ petition has been filed asserting that Mukhiya and other functionaries of the Gram Panchayat Raj Mohan Aghu have laid road over portion of the aforesaid land, including the acquired land for the purpose of sinking the tubewell and laying the drain. This petition was filed more than 4 years ago but the State respondents have not disputed the aforesaid contention by filing counter affidavit that portion of raiyati land of the petitioner including the acquired land for the purpose of sinking the tubewell and laying the drain has been used for laying a road. 4. In these circumstances, I direct the petitioner to approach the District Magistrate, Begusarai by filing representation, who should get the lands in question measured by the Anchal Amin and if any portion of the raiyati land of the petitioner or any portion of the land which has been acquired for the purpose of sinking the tubewell and laying the drain has been used for laying the road then the District 3 Magistrate, Begusarai shall ensure that the road is removed from the raiyati land of the petitioner as also the acquired land for the purpose of sinking the tubewell and laying the drain. In this connection, I may refer to the letter of the Sub-Divisional Officer, Tubewell Sub-Division-II Workshop, Begusarai bearing no.18 dated 27.2.2006, Annexure-5, whereunder he has categorically stated that the road has been laid over acquired land for the purpose of sinking the tubewell and for laying the drain without the consent of the authorities. The District Magistrate, Begusarai shall pass appropriate orders in the matter, as early as possible, in any case within two months from the date of receipt of the representation of the petitioner along with a copy of this order before him. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)