IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6561 of 2004 JAGARNATH UPADHAYA SON OF UPADHAYA SON OF LATE KAPIL DEO UPADHAYA, RESIDENT OF VILLAGE SAKRA, P.S. TARWANA, DISTRICT SIWAN, PRESENTLY RESIDING AT NAI BASTI, P.S. TOWN DISTRICT SIWAN - -- PETITIONER. Versus 1. THE DISTRICT MAGISTRATE,SIWAN 2. THE SUPERINTENDENT OF POLICE, SIWAN. 3. THE CHAIRMAN, ZILA PARISHAD, SIWAN. 4. THE SUB-DIVISIONAL MAGISTRATE, SIWAN. 5. JANG BAHADUR SINGH, SON OF SHRI RAM DENI SINGH. 6. SANJAY KUMAR SINGH, SON OF JANG BAHADUR SINGH. 7. PANKAJ KUMAR SINGH, SON OF JANG BAHADUR SINGH ALL RESIDENT OF VILLAGE-ORMA, P.S. MOFUSSIL, DISTRICT-SIWAN. ----------- 9/ 31-03-2011 Heard the parties. Without showing any right and title with respect to the pond in question, situate at Malviya Nagar in the town of Siwan, the petitioner has prayed that the respondents may be restrained from filling up the said pond. In the counter-affidavit filed on behalf of the official respondents it has been stated that the pond in question belongs to one Smt. Shanti Devi wife of respondent no.5. In view of the fact that the petitioner has failed to bring on record any legal document to show his right and title with respect to the pond in question, the present writ petition is completely misconceived and is dismissed. BTiwary/ ( Birendra Prasad Verma, J.)