JUDGMENT :

1. The present writ petition has been filed for evacuating the soil from the land of the petitioner as also to remove encroachment made by the respondent-State on the private raiyati land of the petitioner situated at Mauza-Budhwara, PS and Anchal-Govindpur, Dist-Nawada, Revenue thana no. 650, details whereof has been described in 5(A) of the writ petition.

2. The learned counsel appearing for the respondent-State submits, by referring to the counter affidavit filed on behalf of respondent no. 2, specially para 7 thereof, that admittedly upon an inquiry conducted by a three men Committee constituted by the District Magistrate, Nawada, it has been found that the rural road has been constructed on six raiyati plots of the petitioner herein comprising a total area of 12.25 decimal.

3. Having regard to the aforesaid admitted position regarding encroachment of the petitioner’s land by the respondent-State and taking into account the counter affidavit filed by the respondent no. 2, the respondent-State is directed to either remove the rural road situated over the six raiyati plots of the petitioner herein, where admittedly encroachment has been made by the State Government or in alternative, pay compensation to the petitioner for the land of the petitioner, so encroached by the respondent-State, as per the provisions of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation & Resettlement Act, 2013.

4. It is further directed that the aforesaid directions of this Court be complied with within a period of eight weeks from the date of receipt/production of a copy of this order before the District Magistrate, Nawada.

5. The present writ petition stands disposed off on the aforesaid terms.