IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3273 of 2010 MAHENDRA UPADHYAY S/O SHRI TUNA NATH UPADHYAY R/O VILL SADABAH,P.O.SADABAH,VIA DULHIN BAZAR,P.S.DULHIN BAZAR,DISTT- PATNA Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE PATNA 3. THE EXECUTIVE ENGINEER, DEPARTMENT OF RURAL ENGINEERING ORGANISATION PATNA 4. THE ASSISTANT ENGINEER, DEPARTMENT OF RURAL ENGINEERING ORGANISATION PATNA 5. THE PROJECT EXECUTIVE OFFICER R.E.O.,PATNA 6. THE ASSISTANT PROJECT OFFICER R.E.O.PATNA 7. THE CIRCLE OFFICER BIKRAM AT DULHIN BAZAR,PATNA ----------- 03. 08.03.2010 In compliance of my order dated 25.2.2010 counsel for the State has filed counter affidavit, which is taken on record. From the statement made in paragraph-6 of the said counter affidavit it is evident that the lands of the petitioner bearing plot no.1478 shall not be used for laying/metalling the road. In the light of the statements made in paragraph-6 of the counter affidavit affirmed by the Assistant Engineer, Department of Rural Engineering Organization, Patna this writ application has become infructuous, which is dismissed as infructuous. Rajesh/ ( V. N. Sinha, J.)