IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12135 of 2008 KANHAIYA TIWARY Versus THE STATE OF BIHAR & ORS ----------- 2. 22.9.2008 The petitioner has come to this Court for issuance of a direction upon the respondents not to demolish the house of the petitioner as well as other standing structures situated on old Ward No.8, New Ward No.24, Khata No. 96, Plot No.133 (K) and part of 2418, area 1078 sq. feet and 980 sq. feet being Municipal Plot No. 19324, which the petitioner claims to be belonging exclusively to his family. It is the stand of the petitioner that the Sub- divisional Officer, Sadar Gaya and the Commissioner, Magadh Division have personally threatened the petitioner to demolish his house. In the counter affidavit the stand taken is that no such threat has ever been given to the petitioner nor any action has been taken by the authorities for demolition of the house of the petitioner, rather the present case has been filed on baseless allegations, since action was taken for removal of the Khatal from the premises of the Cholera Hospital, Gaya, which is being used as such by one Baijnath alias Baiju Sharma and many other persons, including the petitioner. In view of the aforesaid stand of the authorities, it appears that the writ petition is premature and it is, accordingly, dismissed as not maintainable. VPS ( Ramesh Kumar Datta,J.)