IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16234 of 2004 CHANDRABHAN PATHAK, Son of late Bhagwat Pathak, Resident of Village-Pathakholiya, P.S. and Block Nasiriganj, District Rohtas at Sasaram ………Petitioner Versus 1. THE STATE OF BIHAR. 2. The Collector, Rohtas 3. Block Development Officer, Nasiriganj, Rohtas. 4. Sharda Devi, W/o Jitendra Singh, Member of Panchyayat Samiti, Itimha Panchayat, P.S. and Block Nasiriganj, District Rohtas. ……..Respondents ----------- 3/ 25.04.2011 Heard the parties. 2. The petitioner has approached this Court raising a grievance that a public road was sought to be constructed over the lands belonging to him bearing plot no.148 appertaining to khata no.246, area 6 discimals, out of total area 2.54 acres of that plot situate at Mauza Itimha, P.S. Nasriganj, District Rohtas at Sasaram and entire action was being taken without acquiring the said land and without making any payment of compensation to the petitioner. 3. A counter affidavit has been filed today in the Court on behalf of respondent nos. 2 and 3 wherein in Paragraph-5, it has been stated that the 2 public road has been constructed only up to the space prescribed under the consolation scheme. No road has been constructed over the private land belonging to the petitioner. 4. In view of the statement made in the counter affidavit, learned counsel for the petitioner seeks permission to withdraw the present petition. Accordingly, the writ petition is permitted to be withdrawn. 5. It goes without saying that if road is required to be constructed by the respondent-State and its functionaries, then that has been done only after acquiring the land belonging to the petitioner under the provisions of appropriate law and not other wise. 6. The present writ petition stands finally disposed of. Anjani/ ( Birendra Prasad Verma, J.)