IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17966 of 2010 1. CHANDESHWAR THAKUR, SON OF LATE PULKIT THAKUR, RESIDENT OF VILLAGE- SIRIYAPUR, P.S.- BASOPATTI, DISTRICT- MADHUBANI. 2. VIJAY CHANDRA CHOUDHARY, SON OF LATE BHUSHAN CHOUDHARY, RESIDENT OF VILLAGE- GAUSHNAGAR, P.S.- BASOPATTI, DISTRICT- MADHUBANI. 3. NALIN KUMAR THAKUR, SON OF SRI SATYA NARAYAN THAKUR, RESIDENT OF VILLAGE- SIRIYAPUR, P.S.- BASOPATTI, DISTRICT- MADHUBANI. 4. RAMA SHANKAR THAKUR, SON OF LATE NIRANJAN THAKUR, RESIDENT OF VILLAGE- SIRIYAPUR, P.S.- BASOPATTI, DISTRICT- MADHUBANI. 5. RAM DAYAL THAKUR, SON OF LATE BABUE LAL THAKUR, RESIDENT OF VILLAGE- GAUSNAGAR, P.S.- BASOPATTI, DISTRICT- MADHUBANI :--- PETITIONERS. Versus 1. THE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. SECRETARY, DEPARTMENT OF ROAD CONSTRUCTION, GOVERNMENT OF BIHAR, PATNA. 3. THE DISTRICT MAGISTRATE, MADHUBANI. 4. SUPERINTENDENT OF POLICE, MADHUBANI. 5. CIRCLE OFFICER, BASOPATTI, DISTRICT- MADHUBANI. 6. BLOCK DEVELOPMENT OFFICER, BASOPATTI, DISTRICT- MADHUBANI. 7. OFFICER INCHARGE, BASOPATTI, POLICE STATION, DISTRICT- MADHUBANI :--- RESPONDENT 1ST SET. 8. SRI ARVIND KUMAR SINHA, SON OF NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, RURAL ROAD CONSTRUCTION DEPARTMENT, BENIPATTI, DISTRICT- MADHUBANI. 9. SRI DHARMENDRA KUMAR CHOUDHARY, SON OF NOT KNOWN TO THE PETITIONER, JUNIOR ENGINEER, RURAL ROAD CONSTRUCTION DEPARTMENT, BENIPATTI, DISTRICT- MADHUBANI. 10. SRI NIRMAL SINGH, SON OF NOT KNOWN TO THE PETITIONER, CONTRACTOR, SINGH CONSTRUCTION COMPANY, C/O THE EXECUTIVE ENGINEER, RURAL ROAD CONSTRUCTION DEPARTMENT, BENIPATTI, DISTRICT- MADHUBANI :--- RESPONDENT 2ND SET. ----------- 4. 12.01.2011. Heard learned counsel for the petitioners and the State. 2. Details of the raiyati land of the - 2 - petitioners is indicated in paragraphs 4,5,6,7 and 8 of this application. It is submitted on behalf of the petitioners that aforesaid land is being used by the authorities for laying Siriyapur-Gausnagar Road under the Prime Minister’s Rural Road Project without either acquiring the lands-in-question or taking the consent of the petitioners for laying road over the same. 3. Let the petitioners appear before the Collector, Madhubani who should direct the Circle Officer concerned to get the lands measured and if any road has been laid on the raiyati land of the petitioners or soil has been dug therefrom, the Collector shall direct the executing agency to restore the land of the petitioners in its original shape. Measurement be taken by the Circle Officer concerned and appropriate final order be passed by the Collector, Madhubani, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of - 3 - this order before the District Magistrate. Measurement be taken in presence of the petitioners after fixing a date for measurement. Petitioners are directed to put their signature over the measurement report. If it is found by the authorities that trees were also cut/felled, petitioners be compensated for the same directing the executing agency to make payment to the petitioners for the loss caused to them. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)