IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.52 of 2010 1. SANT LAL PASWAN @ SANTU PASWAN, SON OF LATE BAIJU PASWAN., 2. MANIK YADAV, SON OF SRI KANHAI YADAV. 3. KARU PASWAN, SON OF LATE SHANKAR PASWAN. ALL ARE RESIDENTS OF VILLAGE- BARAJORE, POLICE STATION- JHAJHA, DISTRICT- JAMUI. ….. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. DISTRICT MAGISTRATE, JAMUI. 3. COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF MINOR IRRIGATION, BIHAR, PATNA. 4. ENGINEER-IN-CHIEF, DEPARTMENT OF MINOR IRRIGATION, BIHAR, PATNA. 5. CHIEF ENGINEER, MINOR IRRIGATION, BHAGALPUR. 6. SUPERINTENDING ENGINEER, BHAGALPUR. 7. EXECUTIVE ENGINEER, MINOR IRRIGATION, JAMUI. .. RESPONDENTS. ----------- 2. 28.02.2011 Heard learned counsel for the petitioner and the State. 2. A counter affidavit is stated to have been filed on behalf of the respondents. It is unfortunate that copy was not served on the counsel for the petitioner. 3. The claim in the writ application is for a direction to dispose off the petitioner representation dated 10.12.2009 and in the meantime restrain renovation work of the village ponds till then. 4. The petitioner claims title to the extent that the work is being done on his lands relying upon rent 2 receipts. 5. A copy of the representation is also on record. 6. The counter affidavit in no certain terms states that the lands in question were Gair Mazarua Aam lands. The works were not being executed in any manner and to any extent on the raiyati lands of the petitioner. 7. The representation of the petitioner does not appear to be raising specific claim of title to the lands in question. The writ petition also does not plead the manner of acquisition of the title though it states that they have acquired by a registered deed. No registered deed has been annexed to the writ petition. Rent receipts may only be evidence of possession, but not title. 8. In view of the statements made in the counter affidavit, upon being apprised by the court of the pleading contained therein, learned counsel submits that he may be permitted to withdraw the application to avail remedies before the appropriate forum. 9. The writ application is dismissed as withdrawn. Ibrar/ ( Navin Sinha, J.)