IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11759 of 2006 Sri Saran Yadav @ Ram Saran Pd Versus The State Of Bihar & Ors with MJC No.2931 of 2007 Sri Saran Yadav @ Ram Saran Prasad Versus The State Of Bihar & Ors For the Petitioner: None (in both cases) For the State: Mr. Ram Subhash Singh, Advocate. ----------- 7 13.07.2011 No one appears on behalf of the petitioner. It appears from the ordersheet that this matter was earlier taken up thrice. On 30.06.2011 even though nobody appeared on behalf of the petitioner and Mr. Ram Subhash Singh, learned counsel for the State, was present and the matter was adjourned for 04.07.2011. However, on 04.07.2011 when the case was taken up the petitioner again sought adjournment and the matter was again posted on 11.07.2011. Subsequently, this matter was taken up on 12.07.2011 but none had appeared on behalf of the petitioner to press this application. Today also no one is present on behalf of the petitioner though Mr. Ram Subhash Singh, learned counsel, is present on behalf of the State. By order dated 09.04.2001 time was granted to 2 the State to file counter affidavit and interim relief was granted to the petitioner restraining the respondents from interfering with or demolishing any part of the structure standing at Khata No. 131, Plot no. 771 in village Mandach, Police Station Noorsarai, Nalanda. Thereafter M.J.C. No. 2931 of 2007 was filed on behalf of the petitioner alleging therein that even though the respondents were directed not to demolish the structure over Plot no. 771 the same has been demolished. A counter affidavit has been filed in the writ application and a show-cause has also been filed on behalf of opposite party nos. 2 to 4 M.J.C. No. 2931 of 2007. Common stand has been taken therein that no proceeding of removal of encroachment has been initiated upon the structures, which are standing upon plot no. 771 rather a proceeding for removal of encroachment over plot no. 784, under khata no. 134 has actually been initiated, which is Gair-Majarua Aam land as there was proposal to construct a pucca road under the scheme of Pradhan Mantri Sadak Yojna. In this proceeding notice was issued to all concerned and ultimately, encroachment made by Pradeep Kumar Singh and Haro Prasad was removed on 03.12.2007 from 3 plot no. 784. Categorical statement has been made in the counter affidavit that no structure has been removed from plot no. 771. From the perusal of record it does not appear that the petitioner has filed any rejoinder to the aforesaid counter affidavit or the show-cause submitted on behalf of the opposite parties and no one has appeared to press these applications, thus, it appears that he has lost interest in the case. Be that as it may, both these cases are dismissed for want of prosecution. SC ( Dr. Ravi Ranjan, J.)