IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.8208 OF 2010
1. UDAY KUMAR, S/O CHANDRESHWAR PRASAD, R/O VILLAGE RAMPUR
DAYAL,P.S. PIAR,DISTRICT- MUZAFFARPUR.
VERSUS
1. THE STATE OF BIHAR.
2. DISTRICT MAGISTRATE, MUZAFFARPUR.
3. SUB DIVISIONAL OFFICER EAST MUZAFFARPUR.
4. ANCHAL ADHIKARI BANDARA,DISTRICT- MUZAFFARPUR.
5. SUPERINTENDING ENGINEER,R.E.O. MUZAFFARPUR.
6. EXECUTIVE ENGINEER,R.E.O. MUZAFFARPUR.
7. SUB DIVISIONAL OFFICER,R.E.O. MUZAFFARPUR.
8. DISTRICT LAND ACQUISITION OFFICER, MUZAFFARPUR.
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3 29/10/2010 The petitioner claims to be the owner of chak
plot no. 750, 751 of khata no. 465, area 44 decimals and
chak plot no. 225, carved out of C.S. plot no. 388, R.S.
plot no. 1031, khata no. 117, having an area of 59
decimals. Both these plots of lands are situated in village
Sundarpur Ratwara, thana no. 916, Police Station Piar,
district Muzaffarpur. The petitioner claims that his lands
are utilized for construction of a pitch road by the Rural
Engineering Department under the Pradhan Mantri
Gramin Sarak Yojana. It is obvious that the raiyati lands
of the villagers cannot be utilized for the purposes of
construction of a road under the scheme, as the scheme
has not made any provision for acquisition of lands.
Counsel for the State, on the other hand,
submits on the basis of the instructions that no
requisition whatsoever has been made for acquisition of
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these lands from the Rural Engineering Department,
Muzaffarpur.
I, therefore, direct the Circle Officer, Bandara
block, Muzaffarpur, the Superintending Engineer, Rural
Engineering Office, Muzaffarpur, the Executive Engineer,
Rural Engineering Office, Muzaffarpur and the Sub
Divisional Officer, Rural Engineering Office, Muzaffarpur
to ensure that the lands of the raiyats specially the
petitioner should not be utilized for the purposes of
construction of a road under the Pradhan Mantri Gramin
Sarak Yojana without the written consent of the
petitioner.
The petitioner would be at liberty to produce a
copy of this order before the authorities mentioned in this
order as soon as the petitioner receives a copy of this
order.
This writ application is disposed of with the
aforesaid observations and directions.
Anand ( Sheema Ali Khan, J. )