IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18070 of 2009 1. SHESH NATH KUSHWAHA S/O LATE RAM LAKSHAN KUSHWAHA @ RAM LAKSHAN PRASAD R/O VILL- DAHAWA, P.S. DAHAWA, DISTT. WEST CHAMPARAN 2. VIJAY PAL S/O MAHANTH CHAUDHARY R/O VILL- DAHAWA, P.S. DHANAHA, DISTT. WEST CHAMPARAN 3. NATHUNI KURMI S/O LATE BHUKHAL KURMI R/O VILL- SAMSHERWA, P.S. DHANAHA, DISTT. WEST CHAMPARAN 4. MAYA DEVI W/O JAGNNATH KUSHWAHA R/O VILL- DAHAWA, P.S. DHANAHA, DISTT. WEST CHAMPARAN 5. CHANCHAL CHAUDHARY S/O LATE BALA CHAUDHARY R/O VILL- DAHAWA, P.S. DHANAHA, DISTT. WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE WEST CHAMPARAN, BETTIAH 3. THE EXECUTIVE ENGINEER ROAD CONSTRUCTION DEPTT., BETTIAH, WEST CHAMPARAN ----------- 2. 24.12.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners are residents of Village Dahawa and Samsherwa within Dhanaha Police Station in the district of West Champaran. They have filed this writ application asserting that metalling of the Basi- Madhubani road is being done beyond 25 ft, the original width of the road to the extent of 50 ft. without acquiring the lands used for widening the road. 3. It is submitted on behalf of the petitioners that they have no objection if their raiyati lands to the extent of 50 ft. is acquired and thereafter the road is metalled to the extent of 50 ft. but without acquiring the lands beyond 25 ft. their raiyati land should not be taken for the purposes of widening Basi- Madhubani road to the extent of 50 ft. 4. Having heard counsel for the petitioners and the State, I direct the petitioners to file representation along with a certified copy of this order before the District Magistrate, West Champaran, Bettiah asserting the aforesaid contention and thereafter the District Magistrate should not only enquire into the matter but also ensure that the road is metalled to the extent of its original width until acquisition of land is made for the widening of the road. In the enquiry the District Magistrate should be guided by the opinion of the Executive Engineer under whose supervision the road is being metalled. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)