Gyanti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6461 of 2014 ====================================================== Gyanti Devi, Wife of Jitendra Kumar, Resident of Village- Udaini, P.S.- Gaurichak, Patna, Presently Residing At Village- Sirpatpur, P.S.-Gaurichak, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate-Cum-Collector, District- Patna

2. The Deputy Development Commissioner, Patna, District- Patna

3. The Sub Divisional Officer, Patnacity, District- Patna

4. The Circle Officer, Sampatchak, District- Patna

5. The Senior Superintendent Of Police, Patna, District- Patna

6. The Officer-In-Charge, Police Station- Gopalur, District- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar, Adv. For the Respondent/s : AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2017 Heard learned counsel appearing on behalf of the petitioner and learned AC to SC-11 appearing on behalf of the respondent State.

The present writ application has been filed for restraining the respondent authorities from constructing the community hall over Plot No. 1590, Khata No. 812, Thana No. 122, situated in Mauza -Bairiya, in Village- Manpur, P.S. - Phulwarisharif, in the District of Patna, since the same is recorded as 'Gairmajarua' land in khatiyan and is being used by the petitioner and other villagers as approach pathway to their

Patna High Court CWJC No.6461 of 2014 (2) dt.13-07-2017 2/2 residential house situated over Plot Nos. 1586 and 1587, Khata No. 160, Tauzi No.227, Thana No. 122, situated in the District of Patna.

In view of the statement made in paragraph no.14 of the counter affidavit, filed on behalf of respondents, to the effect that the measurement report of the Anchal Amin, contained in Annexure-A to the counter affidavit, reflects that 10 ft. wide land has been left as pathway for the villagers and the petitioner, learned Counsel for the petitioner seeks permission to withdraw this application with a liberty to raise the issue at appropriate forum if the left over land for pathway will be blocked in future. Learned Counsel for the respondent State submits that no further construction will be made on the left over pathway. Accordingly, the writ application is disposed of as withdrawn with the liberty above mentioned.

(Dinesh Kumar Singh, J) Ashwini/- U