IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.43 of 2001 KOPENDRA SHARMA Versus THE STATE OF BIHAR & ORS ----------- 3 19.01.2009 No one appears for the petitioner. In this writ application the prayer made by the petitioner is to the following effects:- “that the present application is for issuance of a writ in the nature of writ of mandamus directing the respondents not to construct any road on the land of the petitioner and his family members as the land belongs to the petitioner and due to misuse of the fund allotted for rural development, several roads and small bridges (pulia) are constructed, without any basis and because petitioner is working as Defadar so by threat also by concern local authorities such as respondents No.4 and 5, want to harass the petitioner by force and construct the road on the land of the petitioner and his family members and further a direction be given not to disturb the possession of the land of the petitioner which exclusively belong to the petitioner and his family members without due process of law. The road can be constructed in other way also where another pulia is constructed but due to misuse of fund of rural development and only to harass the petitioner and again they want to disturb the petitioner’s possession from his land and/or pass such other order/orders as this Hon’ble court may deem fit and proper.” The respondents have filed their counter affidavit wherein in paragraph No.4, the issue has been not only clarified but it has been also sought to be conveyed that there was no question of removing of encroachment - 2 - rather the petitioner had thoroughly given consent for construction of the road. Paragraph 4 of the Counter affidavit reads as follows : - “That before giving parawise comment to the writ petition it is pertinent to state here that the road is not being constructed rather the road has already been constructed with the consent of the petitioner as well as the villagers prior to the filing of the present writ petition. Moreover, at the time of its construction, no step was taken by the petitioner in protest of the Construction of road. It is further relevant to state here that a “Pulia” (Bridge) is being constructed on khata no. 141, plot no. 117 which is a part of Gairmazarua aam land (Garvi River) as per cadastral survey Khatian. Actually, the petitioner is making construction on the same plot i.e. Plot no. 17 which will block the way towards west of “Pulia”. It is further made clear that the road or Pulia has been constructed or being constructed by the order of the Block Development Officer, Ghosi from the fund of the Govt. The Anchal Adhikari has no concern with the construction of the aforesaid approach road or “Pulia”.” As a matter of fact, paragraph No. 10 of the counter affidavit also unfolds the mystery which is quoted herein below:- “That it would not be out of place to mention herein that khata no. 141, Plot no. 33, area 0.12 decimals is a Aam Rasta as per cadastral Survey Khatian. The said land has been encroached by the villagers and steps have already been taken for removal of the said encroachment vide Encroachment Case No. 01/2000-2001.” There is no denial to the aforesaid facts by the petitioner though the counter affidavit has been filed in - 3 - this Court on 27.4.2001. In that view of the matter, this Court does not find any merit in this writ application and consequently the same is dismissed. The interim order passed on 9.1.2001 by this Court shall automatically stand vacated. Bibhash (Mihir Kumar Jha, J.)