IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11002 of 2009 BIPIN KR.JHA, SON OF CHANDRESHEKHAR JHA, RESIDENT OF VILLAGE LAVAPUR NARAYAN, P.S. MAHNAR, DISTRICT VAISHALI. Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, VAISHALI AT HAJIPUR. 3. THE EXECUTIVE ENGINEER NATIONAL RULAR EMPLOYMENT DEPARTMENT. 4. THE DEPUTY DIRECTOR COMMISSIONER, VAISHALI AT HAJIPUR. 5. THE SUB-DIVISIONAL OFFICER, MAHNAR, VAISHALI AT HAJIPUR. 6. THE BLOCK DEVELOPMENT OFFICER, MAHNAR BLOCK, DIST VAISHALI. 7. THE CIRCLE OFFICER, MAHNAR BLOCK, VAISHALI AT HAJIPUR. 8. THE PANCHAYAT SACHIV, GRAM PANCHAT RAJ LAWAPUR MARAIN, VAISHALI AT HAJIPUR. 9. THE MUKHIYA, GRAM PANCHAYAT RAJ, LAVAPUR MARAIN, VAISHALI AT HAJIPUR. ----------- 04. 15.02.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is the raiyat of plot nos.1023 and 1024 appertaining to khata no.1708 to the extent of 0.22 and 0.58 decimals respectively of village Lawapur Narain, police station Mahnar in the district of Vaishali. He has filed this writ application asserting that portion of the said land is being encroached upon by the authorities for laying a road but till date those lands have not been acquired for laying any road, as such, the authorities should be restrained from laying road over any portion of the aforesaid land. 3. Counsel for the State has opposed the prayer. He states that no new road is being laid over the lands in question. It is only the existing village road, which is being strengthened by metaling the same. 4. In rejoinder counsel for the petitioner submitted that whether there is road or not can be established from the village map and village map would show that there is no road laid over the aforesaid lands of the petitioner. In this connection, he further submits - 2 - that one Gopi Thakur, his co-villager has approached this Court by filing C.W.J.C. no.18986 of 2008 as the authorities were attempting to encroach his lands bearing plot nos.1042 and 1043 for strengthening the same village road and this Court restrained the authorities by passing order dated 22.6.2009, Annexure-5 to this application. 5. Having heard counsel for the parties, I direct the petitioner to file representation annexing a copy of this order before the Collector, Vaishali, which should be considered and disposed of after making local inspection of the village in question by the Collector in accordance with law and the road be strengthened to the extent it is provided in the village map and not beyond. 6. With the observations and directions aforesaid, this writ application is disposed of. Rajesh/ (V.N.Sinha, J.)