IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7349 of 2007 GIRJA NAND JHA Versus THE STATE OF BIHAR & ORS ----------- 9 8/5/2008 Heard the parties. In this writ application the petitioner has sought a relief by way of direction to the respondent authorities not to construct the bridge and not make any public road on the residential land of the petitioner. A counter affidavit has been filed by respondent nos. 2, 3 and 4 in which it has been stated that the bridge in question is not being constructed on the residential land of the petitioner. It has further been stated that the State does not propose to acquire any land for construction of bridge. In fact, the bridge in question is being constructed by the department of R.E.O. over the land where an old wooden bridge was in existence since long. Accordingly, the State contradicts the stand taken by the petitioner that the bridge in question is being constructed on his land. The question as to whether land of the petitioner being used or not, is absolutely disputed by the respondents which cannot be decided in this writ application as there is no mechanism for leading evidence. This Court is of the opinion that such question can be gone into only by leading evidence by the parties. Accordingly, this writ application is misconceived and is therefore dismissed. 2 This, however, will not prevent the petitioner to file suit. However, before filing of such suit the petitioner should express his position in view of compromise which was passed in the Lok Adalat. In the event of filing such suit and if it is found to be maintainable, the same shall be decided expeditiously. ( Mihir Kumar Jha, J.) Abhay Kumar.