ORDER Heard learned counsel for the petitioner and Sri Manoj Priyadarshi, learned Standing Counsel no.17, who appears on behalf of Respondents/State. 2. The petitioner had initially approached this Court for restraining the Respondents from disturbing the peaceful possession of the petitioner on his raiyati land pertaining to Khata No.3831/933 new, Plot No.4155 new, old 3830, 4120 new, old 3280 and 4111 new, old 3284 falling under revenue Mauja Sashan, P.S. Rosera, Thana No.295, Circle Parari, District-Samastipur and further for declaring construction over the raiyati land without any Land Acquisition Proceeding as illegal. The petitioner has prayed for restoring possession or payment of cost/compensation. Though, the writ petition was filed in the year 2008, a counter affidavit has been filed by Respondent no.4/ Circle Officer, Hasanpur on 5th March, 2013. In para-3 of the counter affidavit, it has been accepted that about 15dhurs and 5 dhurki of land of the petitioner had been utilized for construction of village Road. However, Respondents are silent on the question as to whether any compensation amount has been paid for the use of private raiyati land of the petitioner or not. It is surprising that without any acquisition proceeding or without any compensation amount being granted to the petitioner, the land of the petitioner was used for construction of public road. In such situation, the Court would have passed order for initiating criminal prosecution against the authority concerned, but keeping in view the fact that the land of the petitioner was used for construction of road in the year between 2005 and 2006, the Court is refrained from passing such order, but at the same time, it is necessary to direct the authority concerned to pay compensation amount for the land used for construction of road by the State Authority. The rate, which was applicable in 2005 for compensation in respect of land acquisition in the locality is required to be paid to the petitioner along with penal interest @ 12 % per annum till the date of payment. 3. The entire amount is required to be paid to the petitioner within a period of two months from the date of receipt/production of a copy of this order. It is made clear that the Collector, Samastipur will take steps for payment of compensation amount to the petitioner. 4. The writ petition stands allowed.