LAWS(PAT)-2010-10-59

RAJENDRA PRASAD SINGH Vs. STATE OF BIHAR

Decided On October 08, 2010
RAJENDRA PRASAD SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The Petitioner has filed this writ application with a complain that under the Prime Minister's Rural Road Construction Scheme, the lands of the Petitioner, described at paragraph No. 5 'of this application, have been utilized for laying down a village road by the Respondents authorities.

(2.) Under the Prime Minister's Rural Road Construction Scheme, there is no provision of acquisition of lands. The Circle Officer, Rajpur, Buxar ought to examine in presence of the Petitioner, whether in fact there has been any encroachment on the lands of the Petitioner, while constructing the village road, within a period of three months from the date of receipt/production of a copy of this order before him.

(3.) If the Circle Officer finds that in fact the lands of the Petitioner has been utilized for construction of the village road without his written consent, a recommendation may be sent by the Circle Officer to the District Magistrate, Buxar for taking appropriate action for initiating acquisition proceedings. The authorities who are responsible for constructing the said village road should also be noticed and heard in the matter.