IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5227 OF 2009 RAM KIRIT PRASAD, SON OF LATE HITA DAS, RESIDENT OF VILLAGE CHAK MAHADIPUR, POLICE STATION HILSA, DISTRICT NALANDA VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE SUB DIVISIONAL OFFICER, WATER RESOURCES DEPARTMENT, EKANGARSARAI SUB DIVISION AT EKANGARSARAI, POLICE STATION EKANGARSARAI, DISTRICT NALANDA 3. THE COLLECTOR, NALANDA AT BIHARSHARIF 4. THE SUB DIVISIONAL OFFICER, HILSA AT NALANDA 5. THE CIRCLE OFFICER, HILSA AT NALANDA …………………………………………………………………………….RESPONDENTS ********* 2 27/08/2010 Heard the parties. Counsel for the petitioner submits that his land has been utilized by the State Government for strengthening the embankment in village Chak Mahadipur/Ganapat Bigha. A counter affidavit has been filed on behalf of the Executive Engineer, Water Ways Division, Ekangarsarai in which it has been stated that it was the villagers who have unanimously decided to strengthen the embankment in order to protect the village from floods. It is said that no land of the village has been acquired nor encroached rather the Zamindari Bandh in the village aforesaid, has been raised and strengthen in order to protect the village and the residents of the village from flood. Counsel for the petitioner submits that in - 2 - strengthening the embankment, the entire lands of the petitioner has been filled in with mud. The petitioner may file a representation before the Collector of the district who will examine the matter and pass appropriate orders in accordance with law within a period of four months of filing of the representation. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )