IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17151 of 2009 1. RAM NARESH SINGH S/O INDRADEO SINGH, R/O VILL-MURADPUR, P.S- DUMRA, DISTT- SITAMARHI Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, SITAMARHI DISTT- SITAMARHI 3. DISTRICT DEVELOPMENT COMMISSIONER, DISTT- SITAMARHI 4. CIRCLE OFFICER, DUMRA, DISTT- SITAMARHI 5. THE DIRECTOR, ROYAL ENGINEERING, N.H.P.C. AKHARAGHAT, MUZAFFARPUR, DISTT- MUZAFFARPUR 6. NAVENDU KUMAR S/O LATE HARINANDAN SINGH R/O VILL- MURADPUR, P.S- DUMRA, DISTT- SITAMARHI 7. MAHAVIR SINGH S/O LATE RAM SHARAN SINGH R/O VILL- MURADPUR, P.S- DUMRA, DISTT- SITAMARHI ----------- 2/ 03/01/2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the construction of a public road over his Raiyati lands situated over Khesra No.1985, 1986 and 1987. It is submitted that the private respondent No.5 has encroached upon the public road situated on Khesra No.1998, Khata No.394 and because of which the authorities are persisting in constructing the public road over the private lands of the petitioner. Reliance is placed on a report of the Anchal Amin dated 25.1.2007. Any construction of a road upon private lands can be made only after acquisition of the lands and not otherwise. Conversely, if a person has unauthorizedly encroached upon private land, he cannot take defence of encroachment to seek encroachment proceedings before - 2 - he can be unsettled. These are questions of fact to be examined by the authorities who are then required to pass a reasoned and speaking order and act in accordance with law. Any consideration of the matter shall naturally remain dependent for its continuance on any final orders that shall be passed by the appropriate authorities. Let the District Magistrate pass appropriate reasoned and speaking order after hearing all concerned, including the petitioner and respondent Nos.6 and 7 within a maximum period of three months from the date of receipt/presentation of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)