IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2673 of 2010 1. RAMPUKAR MISHRA S/O LATE HARIHAR MISHRA R/O VILL.- SONBARSA, P.S.- CHARPOKHARI, DISTT.- BHOJPUR 2. RAM SUBHAG MISHRA S/O LATE HARIHAR MISHRA R/O VILL.-SONBARSA, P.S.- CHARPOKHARI, DISTT.- BHOJPUR 3. JITENDRA KUMAR MISHRA S/O LATE BALESHWAR MISHRA R/O VILL.-SONBARSA, P.S.- CHARPOKHARI, DISTT.- BHOJPUR 4. MAHDEWAN KUMAR MISHRA S/O LATE SUKHALAL KUMHAR R/O VILL.-SONBARSA, P.S.- CHARPOKHARI, DISTT.- BHOJPUR 5. NAGINA SINGH S/O LATE RAMLAKHAN SINGH R/O VILL.-SONBARSA, P.S.- CHARPOKHARI, DISTT.- BHOJPUR 6. BRAJESH MISHRA S/O LATE GUPTESHWAR MISHRA R/O VILL.- SONBARSA, P.S.- CHARPOKHARI, DISTT.- BHOJPUR Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY RURAL WORKS DEPTT. GOVT. OF BIHAR, BISESHWARIYA BHAWAN, BAILEY ROAD, PATNA- 1 2. THE CHIEF ENGINEER SOUTH WING RURAL WORKS DEPTT. GOVT. OF BIHAR, PATNA 3. THE SUPERINTENDING ENGINEER RURAL WORKS DEPTT. SASARAM 4. THE EXECUTIVE ENGINEER RURAL WORKS DEPTT. RURAL WORKS DEPTT. WORKS DIVISION I ARA, BHOJPUR 5. THE DISTRICT MAGISTRATE BHOJPUR AT ARA 6. THE CIRCLE OFFICER CHARPOKHARI, DISTRICT- BHOJPUR, ARA ----------- 4. 18.03.2010. In compliance of my order dated 4.3.2010 District Magistrate, Bhojpur, Ara is present. She is expressing her regret for not responding to the fax message received from the office of the Advocate General and is assuring this Court that hereafter she will always respond to the fax message received from the office of the Advocate General with all promptitude. In appreciation of her regret, her failure to respond to the fax message received from the office of the Advocate General is condoned and the matter is being closed. From the counter affidavit filed on behalf of the respondents, duly affirmed by the Executive Engineer who is supervising the metalling of the road in- question it appears that the raiyati lands of the petitioner is by the side of the road in-question and shall not be taken for metalling of the road in-question as the petitioners are not willing to offer their land for widening and metalling of the road. The authorities are accordingly restrained from laying/ metalling road over the lands of the petitioner which is by the side of the road in-question. With the aforesaid observation/direction the writ petition is disposed of. P.K.P. (V.N.Sinha,J.)