APARESH KUMAR SINGH,J. - (1.) Heard counsel for the petitioners and the State.
(2.) Petitioners contend that road is being constructed under Pradhan Mantri Gram Sadak Yojna on their raiyati plots being Khata No. 8, Plot No.2305, area 11.5 decimals out of total area 60 decimals; Khata No. 26, Plot No. 2520, area 15 decimals out of total area 1 acre and 22 decimals; Khata No. 28, Plot No. 2314, area 14.5 decimals out of total area 89 decimals at Mauza Dama, P.S. Bagodar. Annexure-1 is the rent receipts enclosed in support of their claim that Jamabandi is running in the name of both the petitioners. They have also made representations before the Deputy Commissioner, Giridih and approached this Court thereafter as it is apprehended that road would be constructed by the agency employed by the respondents over their raiyati land.
(3.) Counsel for the respondents-State submits that the matter has been filed recently and taken up for the first time. Therefore, no instructions have been received. Perusal of their representation (Annexure-2) to the Deputy Commissioner, Giridih would show that the alleged construction has taken place earlier also though petitioners seem to have raised a grievance on 31st March, 2015 only before the Deputy Commissioner, Giridih. However, it is submitted that claim of the petitioners can be scrutinized by the revenue authorities from the relevant records maintained in their office to come to a conclusion whether it stands correct or not. Therefore, petitioners may be relegated to pursue the matter before the competent authority/respondent no.3- Deputy Commissioner, Giridih.;