IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17395 of 2010 1. Biteshwar Kumar S/O Late Kuldip Rai R/O Vill +P.S.Bihta, Distt-Patna 2. Sandhya Devi W/O Yashodanand Rai R/O Vill +P.S.Bihta, Distt-Patna 3. Basant Narayan Singh S/O Shiv Lakhan Singh R/O Vill+P.S.Bihta, Distt-Patna 4. Raj Kumar S/O Sri Lalan Prasad R/O Vill +P.S.Bihta, Distt-Patna 5. Abhay Kumar S/O Sri Ramdar Singh R/O Vill +P.S. Bihta, Distt-Patna 6. Kanhaiya Prasad S/O Sri Bhagirathi Prasad R/O Vill +P.S.Bihta, Distt-Patna. Versus 1. The State Of Bihar 2. The Commissioner Patna Division, Patna 3. The District Magistrate Patna 4. Deputy Collector, Land Reforms,Danapur, Distt- Patna 5. Sub-Divisional Officer Danapur, Distt-Patna 6. The Union Of India Through General Manager, E.C.Railway, Hazipur 7. The Chief Engineer, Construction, E.C.Railway, Mahendru Ghat, Patna 8. The Dy. Chief Engineer, Contribution (Bihar) E.C.Railway, Danapur. ----------------- 3. 19.8.2011. Heard Mr.Uma Shankar Prasad, learned Senior Counsel appearing on behalf of the petitioners, Mr.Rakesh Kumar Singh learned Assisting Counsel to G.A.1 for the State and Mr. Binod Verma, learned counsel appearing on behalf of the Union of India (Railways). The petitioners have approached this court apprehending blockade of their passage over their respective plots by reason of installation of the statue of late Karpoori Thakur over plot no.233 2 and construction of boundary wall thereon purportedly in the light of the order passed by a bench of this court in a public interest litigation arising from C.W.J.C.No.7209 of 2009. It is the contention of the petitioners that if the entire area of plot no.233 is blocked for installation of the bust/statue, it would affect their passage situated in the western portion of plot no.233 and would leave no passage. A counter affidavit has been filed on behalf of the respondent no.3 sworn by Sri Ram Oraon, the Circle Officer, Bihta and in paragraph no.5 thereof, it is stated that the bust of late Karpoori Thakur has already been installed at appropriate place and there is no interference with the egress or ingress of nearby land holders including the petitioners. The statement made in para-5 of the counter affidavit, in fact, protects the interest of the petitioners. Learned Senior Counsel, however, with reference to the statement made in para-12 of the counter affidavit, submits that the statement made therein suggests that there may be a proposal for construction of a boundary wall over plot no.233 and in which event, the pathway of the petitioners and the nearby land holders would be completely 3 blocked if such a boundary wall is constructed over the entire plot. During the course of the proceedings, a photograph of the area over which the bust of late Karpoori Thakur has been installed, was produced by the learned Senior Counsel and which shows that the area has been very clearly demarcated by a boundary wall and the said construction in no manner disturbs the pathway of the petitioners and which fact is also accepted by the learned Senior Counsel appearing for the petitioners but it is submitted that in case the respondents blocks the entire area of plot no.233, the same would affect the passage of the petitioners and other land holders. Be that as it may, as at present a clear stand has been taken by the respondents that there is no proposal of construction of any boundary wall over plot no.233 and that the petitioners and the nearby land holders would have no interference with the egress and ingress over their nearby lands, this court is of the opinion that a mere apprehension of futuristic action is no reason to maintain this writ petition and the same is accordingly disposed of reserving liberty to the petitioners that in case the respondents 4 proceed to construct a boundary wall over the entire plot no.233 completely blocking their pathway, they would be entitled to prefer an appropriate application before an appropriate forum for redressal of their grievances. Let the photograph produced by the learned counsel be kept on the records of the proceedings. ahk (Jyoti Saran, J.)