IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.11619 of 2010 ==================================================== Sudarshan Singh S/O Late Kasi Nath Singh R/O Village + P.O.- Nagari, P.S.- Charpokhari, Distt.- Bhojpur. …. …. Petitioner Versus 1. The State of Bihar 2. The District Magistrate, Bhojpur at Ara 3. The Sub-Divisional Magistrate, Piro, Bhojpur 4. The Anchal Adhikari, Charpokhari, Bhojpur 5. The Officer in-Charge, Charpokhari, Bhojpur …. …. Respondents ==================================================== Appearance : For the Petitioner: Mr. Baxi S.R.P. Sinha, Senior Advocate with Mr. Ashok Kumar Sharma, Advocate Mr. Lokesh Kumar Singh, Advocate For the Respondent: Mr. Raj Kamal, A.C. to SC-20 ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 9. 23.11.2010. This petition under Article 226 of the Constitution has been filed in public interest to complain about construction of road by filling the village pond in village-Nagari, District-Bhojpur. The District Magistrate, Bhojpur has filed counter affidavit. She has denied that the road in question has been constructed on the pond land. It is submitted that the road in question connects the Villages Nagari and Sonvarsha. It is constructed under Pradhan Mantri Gram Sadak Yojna. It is constructed on the embankment of the village pond. No part of the pond land is utilized for the construction of the road. However, she has admitted that certain individuals have - 2 - encroached upon the pond land and have constructed their houses. The action is initiated for removal of encroachment. In view of the above affidavit it is apparent that the apprehension voiced by the writ petitioner is misconceived. The petition is dismissed. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)