IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2900 of 2004 1. NARESH PASWAN Son of Bhola Paswan, resident of Village-Ratwara, P.S.-Kalyanpur, District- Samastipur. 2. Ram Briksh Rai son of Late Shivji Rai, Resident of Village- Ram Bhadrapur, P.S.-Kalyanpur, District-Samastipur -----------Petitioners Versus 1. THE STATE OF BIHAR. 2. The Chief Secretary, Government of Bihar, Patna. 3. Home Secretary, Government of Bihar, Patna. 4. Director General of Police, Bihar, Patna. 5. Divisional Commissioner, Darbhanga Division, Darbhanga. 6. Inspector General of Police, Darbhanga. 7. D.I.G. of Police, Darbhanga. 8. District Magistrate, Samastipur. 9. Superintendent of Police, Samastipur. 10. Sub Divisional Magistrate, Samastipur. 11. Dy. S.P. Samastipur. 12. Sri Tauhit Parvez, Dy. S.P. Samastipur. 13. Officer-in-Charge, Kalyanpur Police Station, Samastipur. -----------Respondents ----------- For the Petitioners:- Mr. Pramod Kumar Sinha, Adv. Mr. Arvind Kr. Sharma, Adv. Mr. Rakesh Kr. Sinha, Adv. Mr. Madhukar Sinha, Adv. For the State:- Mr. Nutan Sahay, AC to SC. 1 ----------- 2. 23.02.2011 Heard the parties. 2. The present writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioners seeking a direction that R.S. Plot No. 1989 and adjoining pond situate in Mauza Ratwara in the District of Samastipur be treated as „Brahmasthan‟ and persons interested may be permitted to perform their puja etc without any hindrance from any corner. 2 3. Now, a counter affidavit has been filed on behalf of respondent nos. 9, 11, 12 and 13 and it has been sworn by Deputy Superintendent of Police (HQ), Samastipur. Paragraph no. 4 of the counter affidavit is relevant for the purpose of disposal of the present case, wherein it has been stated that dispute has been resolved and the petitioner and similarly situate other persons are performing their puja etc over survey Plot No. 1989. For ready reference paragraph 4 of the counter affidavit is reproduced herein:- “That with regard to the statements made in paragraph no.1 of the writ application, it is stated that in the year 2003 a shivling was found at village- Ratwara, Samastipur. During revisional Survey new S.P. No. 4049 was carved out of old S.P. No. 1701 and the same was recorded as Kabristan and there is Brahmsthan in new S.P. No. 1989 and the entire land was gairmajarua at the time of cadastral survey and due to which in between the two communities tension erupted with respect to which three criminal cases i.e. Kalyanpur Police Station Case No. 161/2003, 150/2003, 3/2004 were instituted and Kalyanpur Non-First Information Report No. 88 of 2003 dated 18.12.2003 and 2/2004 were initiated and preventive procedures were initiated as a result of which the occurrence came to rest and now the situation is peaceful and normal. The petitioners and others are performing their religious, social, cultural and customary rites and usages freely”. 3 4. In view of the averments made in paragraph 4 of the counter affidavit, learned counsel for the parties are in unanimity that the dispute has finally been resolved and the matter may be disposed of in terms of the averments made in counter affidavit. 5. Accordingly, the present writ petition is disposed of with a direction that the parties shall act in terms of the averments made in the counter affidavit filed on behalf of the respondents concerned. Anand Kr. ( Birendra Prasad Verma, J.)