IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4409 of 2004 SANJAY KUMAR PATHAK, S/o Sri Chandeshwar Pathak, R/o village-Gheghwa Pathak Tola, P.S.-Madhuban, District-East Champaran. ………….Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, East Champaran, Motihari. 3. The Sub-divisional Officer, Sub-division-Pakaridayal, East Champaran. 4. The L.R.D.C., East Champaran, Motihari. 5. The District Development Officer, East Champaran, Motihari. 6. the Block Development Officer, Teteryakothi, East Champaran, Motihari. 7. The Circle Officer, Teteryakothi, Madhuban, East Champaran. 8. Murli Singh, S/o-not known, Durga Mandi, Motihari. 9. Arun Rai, S/o Sri Ramginish Rai. 10. Bagindra Rai, S/o Shri Givech Rai, both are contractor clerk, R/o village-Fagilpur, P.S.- Rajepur, District-East Champaran. 11. Shri Ramasish Rai, S/o Late Shri Nurpath Rai. 12. Sri Suraj Rai, S/o Shri Ramasish Rai. 13. Rajendra Rai, S/o late Shri Ramsunar Rai. 14. Binda Rai, S/o Shri Suraj Rai. 15. Shri Pramod Rai, S/o Shri Suraj Rai. 16. Shri Sivsankar Rai, S/o Shri Rajendra Rai, all are resident of village-Vishanpur Devajeet, P.S.-Madhuban, District-East Champaran. 17. Shri Kapil Dev Rai (Mukhiya) Gram Panchayat Raj, Fagilpur, P.S.-Rajepur, District-East Champaran. ………Respondents ----------- 4/ 21.06.2011 Pursuant to order dated 11.3.2011, no counter affidavit in the matter has been filed on behalf of respondent Nos. 8, 10 & 17 who are being represented by Mr. B.K. Singh. Mr. Singh, learned counsel for respondent Nos. 8, 10 & 17, on being asked, submits that he would not file any counter affidavit in the matter and would contest the case on the pleadings advanced on behalf of the petitioner. 2 The prayer, which has been made in the present writ application, is for commanding respondent authorities not to construct any type of road upon the purchased land of petitioner, as the petitioner apprehended that under the scheme of M.L.A. fund, the respondents would construct road upon R.S. plot No. 70 & 71 having an area of one bigha 5 katha under Khata No. 100 in village Vishunpur Devajeet, P.S.-Madhuban, District-East Champaran. The further case of the petitioner is that the aforesaid land is purchased land by forefather of the petitioner vide registered sale deed dated 21.11.1916 and the petitioner has been coming in peaceful possession thereof. This writ petition is of the year 2004. The petitioner apprehended construction over his private land by the respondent authorities. In course of hearing of the present petition, the learned lawyer of the petitioner fairly concedes that till date the respondents have not constructed any road upon his private land. A counter affidavit has already been filed on behalf of respondent Nos. 2 to 7 in this case. The stand of respondent Nos. 2 to 7 in this case is that scheme No.4/2003-04 has been approved for making road on public land in village Ghoghwa Pathak toli to village Bishunpur Dewajit near the house of Ramashish Ray and no land of the petitioner has ever been occupied in the same scheme and 3 the petitioner has invoked writ jurisdiction in Court only on hypothetical presumption and apprehension, and, thus, the writ petition is not maintainable. After hearing the parties, when the final order is going to be passed the learned counsel for the petitioner submits that in view of the stand taken on behalf of the respondents, he may be permitted to withdraw the case. Prayer is allowed. This application is permitted to be withdrawn. Sanjeet/ (Ashwani Kumar Singh, J.)