ORDER 1. Heard Mr. Choubey learned counsel for the petitioners as well as Mr. Rajendra Pd. Singh learned counsel for the PRDA. In this writ application the prayer of the petitioners is for a direction to the respondents authority not to take possession of any part of the land bearing Patna Municipal Survey Plot Nos. 661 and 664 by demolishing part of the bolding nos. 191/108 and 297/108B which bas been constructed by the petitioners on the aforesaid plots. Learned counsel for the petitioners submits that father of petitioner no. 1 has purchased the land from one Karmu Mahto and constructed the house thereon in accordance with the sanctioned plan. According to the learned counsel, the petitioners have neither encroached any portion of the public land nor deviated the sanctioned plan. It is further stated that there has been no public road in existence and the respondents authority want to demolish the portion of the building only for the purpose of widening the road to the extent of 1 feet and odd. In this case though a counter affidavit has been filed yet the statements made in the writ application and/or submissions made in course of bearing are not being controverted by the learned counsel for the PRDA. However, it is stated that for the purpose of widening the road to extent of 20', the land is being taken possession. It is no where stated in the counter affidavit that the petitioners have either encroached any portion of the public land or deviated the sanctioned plan. In that view of the matter, at this stage, the respondents authority cannot be allowed to demolish and/or remove the alleged encroachment only for the purpose of widening the road. It is admitted position that the land has not been acquired in accordance with law for the purpose of widening the road. However, it will be open to the respondents authority to acquire the land in accordance with law for the purpose of widening the road. In the facts and circumstances, I restrain the respondent Patna Regional Development Authority to demolish any part of the construction made over the land, as mentioned above, till the land is acquired in accordance with law. 2. With the above observation, this writ application is disposed of.