IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9931 of 2010 ====================================================== 1. Parsuram Yadav, S/O Late Deep Narayan Yadav, R/O Village Salempur, P.O. Salempur,P.S. Pirpaiti,District- Bhagalpur.. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary,Govt. Of Bihar,Patna 2. The Principal Secretary,Department Of Rural Development,Govt. Of Bihar,Patna. 3. The Divisional Commissioner, Bhagalpur Division, Bhagalpur. 4. The District Magistrate, Bhagalpur. 5. The Sub Divisional Officer,Kahalgaon,Bhagalpur. 6. The Circle Officer, Pirpaiti,District- Bhagalpur. 7. The Block Development Officer,Pirpaiti,District- Bhagalpur. 8. The Executive Engineer Reo Division, Bhagalpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Sinha For the Respondent/s : Mr. (GP13) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 2 15-12-2011 The petitioner is aggrieved by the fact that respondent no. 8, i.e. the Executive Engineer, R.E.O. Division, Bhagalpur in connivance with the Circle Officers, Pirpaiti, district Bhagalpur is trying to change the direction of the road by creating a new road on Khata No. 169, Plot No. 33, area 75.5 decimals within the Police Station Pirpaiti in the district of Bhagalpur. The petitioner’s case is that the lands aforesaid belongs to the petitioner and the respondent no. 8 and the Circle Officer proposed to divert the road and thereby encroach upon 10 Patna High Court CWJC No.9931 of 2010 (2) dt.15-12-2011 2 / 3 2 kathas of the lands belonging to the petitioner. The reason behind the change of direction of the road is that the Ex-Mukhiya, Shambhu Thakur, Vimal Thakur, who are influential persons in the village have encroached on the southern side of the existing road. Under the Pradhan Mantri Sarak Yojana, there is no provision of acquisition of land. It is equally well settled that the R.E.O./the Circle Officer/the District Magistrate cannot utilize the raiyati lands for any scheme or programme without following the due process of law i.e. acquiring the lands and paying compensation. It is also the fact that there is no provision for payment of compensation if the raiyati lands of the villagers are utilized for construction of roads within the village. The raiyati lands can only be utilized with the written consent of the raiyat in question. Bearing these facts in minds, this Court directs that the Circle Officer, Pirpaiti and the Executive Engineer, R.E.O., Division, Bhagalpur should ensure that the lands of the raiyats and specifically this petitioner are not utilized for construction of roads under the Pradhan Mantri/Mukhya Mantri Sarak Yojana. This order is subject to the fact that the petitioner can Patna High Court CWJC No.9931 of 2010 (2) dt.15-12-2011 3 / 3 3 show that he has the bonafide title over the lands in question. This writ application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)