IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3733 of 2008 Md.Nayeem son of late Motiur Rahman, resident of village and P.S.- Mohiuddinnagar, District- Samastipur. Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. District Magistrte, Samastipur, 3. Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad Samastipur. 4. Sub-Divisional Officer, Shahpur Patori, Samastipur. 5. Block Development Officer, Mohiuddinnagar, Block, Samastipur. 6. Circle Officer, Mohiuddinnagar Block, Samastipur. 7. Executive Engineer, P.W.D., Samastipur. 8. Officer-in-Charge, Mohiuddinnagar Police Station, Samastipur. ----------- 06. 09.08.2011 Heard learned counsels for the petitioner and the State. The present writ application was filed for a direction to the respondent authorities to stop the construction of the boundary wall of Mohiuddinnagar Police Station over the raiyati land and for further direction to respondent Authorities to raise boundary wall after leaving passage in north western part of Khesra No. 1987 for reaching to Kabristan and temple. In para 11 of the writ application, it is stated that Plot No. 1987 is the raiyati land of the petitioner. Specific statement has been made in paras 5 to 8 2 of the supplementary counter affidavit, filed on behalf of respondent no.2, that Plot no. 1987 is not a raiyati land and for the said purpose, the enquiry was conducted by the District Land Acquisition Officer, Samastipur which has been brought on record as contained in Annexure-C. The respondent no.2 has stated in Para 12 that in the cadastral survey and revisional survey, the said plot has been recorded as Anabad Bihar Sarkar (Aarkchhi Vibhag). In para 4 of the counter affidavit, it is stated that the Path way on north western part of the plot no. 1987 has been left by the authorities for reaching to Kabristan and Temple. The petitioner is not in a position to controvert the stand of respondent no.2 taken in the counter affidavit, hence, the writ application is disposed off as it has become infructuous. Amrendra/ ( Dinesh Kumar Singh, J)