IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.5977 OF 2008 VIDYA BHUSHAN CHOUDHARY, SON OF SHRI RADHE SHYAM CHOUDHARY, RESIDENT OF VILLAGE PATOURI, POLICE STATION MORO, DISTRICT DARBHANGA VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, WATER RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE CHIEF ENGINEER, FLOOD CONTROL DIVISION, WATER RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, SAMASTIPUR 3. THE SUPERINTENDING ENGINEER, FLOD CONTROL CIRCLE, WATER RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, DARBHANGA 4. THE EXECUTIVE ENGINEER, FLOOD CONTROL DIVISION, GOVERNMENT OF BIHAR, DARBHANGA 5. THE DISTRICT MAGISTRATE –CUM- COLLECTOR, LAHERIASARAI, DARBHANGA 6. THE SUB DIVISIONAL OFFICER, LAHERIASARAI, DARBHANGA ********* 4 20/10/2011 The petitioner has filed this writ application making a prayer that the respondents should be restrained from constructing the dam (bandh –cum- road) on the petitioner’s land situated at plot no. 700 to 705 (OLD) appertaining to mouza Garole, sub-division Darbhanga. A counter affidavit has been filed stating that the bandh –cum- road known as Zamindari Bandh exists for more than 100 years and it is constructed on Khesra No. 638 (old) and have been recorded as a bandh in the revisional survey. It has further been stated and clarified that there is no encroachment on 2 the land of plot no. 700 to 705 which belongs to the petitioner. There has been some repair works done on the bandh and no new construction has been made at all. The measurement of the bandh at its base has been annexed as Annexure-B and B/1. There is no reason for this Court to disbelieve any of the facts as stated in the counter affidavit. In the circumstances, I find no merit in this writ application. It is accordingly dismissed. Anand ( Sheema Ali Khan, J.)