IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13048 of 2010 1. Birju Paswan S/O Siya Lal Paswan R/O Vill.- Sarisaw,P.S.-Benipatti,Dist.-Madhubani. Versus 1. The State Of Bihar 2. The District Magistrate,Madhubani. 3. The Sub Divisional Officer Benipatti,Madhubani. 4. The Circle Officer,Banipatti,Madhubani. 5. The Officer-In-Charge,Banipatti. ---------------------------------- 9. 30.9.2011. Mr. Gopal Prasad Gupta, learned Assisting Counsel to AAG-12 filed the photo copy of the receipt showing deposits of Rs.5000/- with the Bihar Legal Services Authority pursuant to the directions of this court as contained in the order dated 13.5.2011. The remaining Rs.5000/- has also since been received by the learned counsel for the petitioner and thus, the order of this court stands complied. Let the receipts, so filed, be kept on the records of the proceedings. Heard Mr. Suraj Narayan Yadav, learned counsel appearing on behalf of the petitioner and learned Assisting Counsel to AAG-12 appearing on behalf of the State. The petitioner had filed this writ petition being aggrieved by the action of the respondent authorities in demolishing his half constructed house situated on his raiyati land 2 bearing Khata no.361, Plot No.4459 (old)/355 (new) in village Sarishaw Benipatti, P.S.Benipatti, in the district of Madhubani. It is the case of the petitioner that Plot No.4459 is his own raiyati land and that the possession thereof has been continuously disturbed by the private individuals as well as by the officers of the district administration on pretext of a rasta passing through the said land and which also led to a proceedings under Sections 147 of the Code of Criminal Procedure (hereinafter referred to as the Code). It is contended that the proceedings initiated under section 147 of the Code in the year, 2005, is yet pending adjudication. It is the grievance of the petitioner that when he started construction over his plot, the district authorities in collusion with the local villagers, demolished his half constructed house and which has led to the present proceeding. Initially, a counter affidavit was filed challenging the contention of the petitioner by saying that the rasta was passing through the land in question. The said stand has subsequently been modified by the respondent authorities who have now filed a supplementary 3 counter affidavit sworn by none other than the Circle officer, Benipatti, Madhubani in which the position is admitted that Plot No.4459 (old) 8356 (new), belonged to the petitioner and is his raiyati land. It is further stated that there is public way situated on Plot No.4463 (old) of which the new Plot No. is 8364 and this public way passes from eastern side of the plot of the petitioner that is plot no.4459 without entrenching thereupon. It is stated that as the petitioner had exceeded the boundaries of his plot No.4459 of which the area is 2 kathas over the public way situate on Plot No.4463 by 5 karis, the same was demolished by the local villagers as it was causing obstruction over the public way. The charge made by the petitioner of the district authorities colluding with the villagers, is denied. It is stated that by the time the district administration reached the place of occurrence, the demolition had already taken place. In view of the modified stand taken by the respondents in the supplementary counter affidavit admitting that Plot No.4459 (old)/8356 (New) is the raiyati land of the petitioner and 4 that the public rasta runs over Plot No.4463 (old)/8364 (new) which passes from the eastern portion of the plot of the petitioner, no dispute survives for adjudication and the writ petition is disposed of in the light of the statements made in the supplementary counter affidavit filed on behalf of the respondents. The petitioner would be at liberty to make construction within the area of 2 kathas of Plot No.4459 (old)/ 8356 (new) situated in village- Sarisaw, P.S. Benipatti in the district of Madhubani. ahk (Jyoti Saran, J.)