IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10286 of 2008 Hriday Narayan Jha son of Late Ram Sharan Jha Resident of village Lawani, P.S. Bahera, Distt. Darbhanga Versus 1. The State Of Bihar 2. The Secretary, Flood Control Dept., Bihar, Patna 3. The Chief Engineer, Flood Control Dept., Special Division, Darbhanga 4. The Superintending Engineer, Flood Control Dept., Special Division, Darbhanga 5. The Executive Engineer, Flood Control Dept., Special Division, Darbhanga 6. The Junior Engineer, Flood Control Dept., Benipur Block Benipur, Special Division, Darbhanga 7. The District Magistrate, Darbhanga 8. The Deputy Development Commissioner Distt. Darbhanga 9. The Sub-Divisional Officer, Sub-Division Benipur, Distt. Darbhanga 10. The Block Development Officer cum C.O. Benipur, Distt. Darbhanga 04/ 09.12.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner claims himself to be the raiyat of the lands detailed in paragraph 1 as also in paragraphs 5 and 7 of the writ petition. It is submitted on his behalf that without acquiring the same, Respondent no.5 is raising a road on the same by felling the trees planted over the lands in question by the petitioner. After filing of the present writ petition, laying of the road/ embankment on the lands in question has been stopped - 2 - by the authorities themselves and such fact is evident from the orders of this Court dated 20.4.2009 passed in the instant case. Till date the authorities have not filed any counter affidavit in the matter disputing the submission raised by the petitioner in the writ petition. 3. Having heard counsel for the parties, I direct the petitioner to appear before the Circle Officer, Benipur, Darbhanga and submit before him that he is owner in possession of the lands in question, who should verify the same from the revenue records and if it is true that petitioner is the owner in possession of the lands in question, the Circle Officer, Benipur, Darbhanga shall pass appropriate order restraining Respondent no.5 from raising embankment or road over the lands in question until the same is acquired for public purpose. 4. Appropriate orders in this regard be passed by the Circle Officer, Benipur, Darbhanga, as early as possible, in any case within one month from the date of appearance of the petitioner. 5. Until the disposal of the matter by the Circle - 3 - Officer, Benipur, Darbhanga, no further civil work shall be conducted over the lands in question by Respondent no.5. Arjun/ (V.N. Sinha, J.)