IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13286 of 2006 BISHWANATH RAJAGARIA, SON OF LATE HANUMAN DAS RAJGARIA, RESIDENT OF MOHALLA BANKA BAZAR, P.S. AND DISTRICT BANKA. --- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR-CUM-DISTRICT LAND ACQUISITION OFFICER, BANKA 3. THE B.D.O., BANKA, DISTRICT BANKA. 4. PRAMUKH, BANKA PRAKHAND, BANKA. 5. MUKHIYA, GRAM PANCHAYAT, BAHERA, BANKA. 6. THE PANCHAYAT SEVAK-CUM-AGENT OF THE SUNISCHIT ROZGAR YOZNA, BAHERA, BANKA. --- RESPONDENTS ----------- 9 7.7.2010 Petitioner is the owner of Khata No. 125, Khesra No. 609 and 2450 measuring 9.90 decimals and .25 decimals respectively. The claim of the petitioner is that a rural road is being constructed on his land without any acquisition proceeding under the Sunischit Rozgar Yozna. It is said that although the Samiti had taken a decision to do patch work on the old road which was connecting Primary School, Bahera, to Kari Jhank in Bahera Gram Panchayat under Scheme No. 20/04-05, but instead a new road has been constructed without following the procedure under the Land Acquisition Act. The road is to be constructed by the Panchayat Samiti. It is the allegation of the petitioner that the road i.e. being constructed is without following the legal procedures. The stand of the Circle Officer-cum-Block Development Officer, Banka is that the petitioner had initially agreed for construction of the road on his land but is now rescinded from his stand. On the other hand counsel for the petitioner submits on the basis of annexure-B a letter addressed to the Circle Officer by the ward member that they intend to repair road which is existing on Khata No. 125, Khestra No. 614 and Khata No. 126, Khesra No. 557 2 and as such the construction of a new road without proper proceedings is unwarranted. The Collector, Banka should enquire into the matter by personally, visiting the spot which is situated in village Bahera and ascertain the facts and thereafter take a decision within a period of three months as to what would be the proper procedure if the Committee has actually constructed road on the petitioner’s land. In case it is found that the petitioner’s land has been used for the purpose of constructing a new road then it would be proper that acquisition proceeding should be initiated so that the petitioner should receive the compensation for the said land. The Collector, Banka may also take a decision with respect to fixing of responsibility within the aforesaid time. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)