After considering the arguments of the counsels and perusal of record it transpires that the public path way is disputed amongst the petitioner and his family as well as respondent no.2 and his family. The civil suit being Original Suit No.1012 of 2015 has been filed by Shri Kamal Singh against Sarvesh (defendant No.1), Shamsher (defendant no.2), Lokesh (defendant No.3), Sonu (defendant no.4), Banti (defendant no.5), Naresh (defendant no.6), Chhatrapal (defendant no.7) and Natthu Singh (defendant no.8). Thus the suit has been filed seeking a permanent injunction against private respondents and not seeking a declaration against the State that the land in question is a private rasta and not a public path way, therefore, the pendency of the suit is of no consequences at all. The argument of petitioner with regard to Section 137(2) of Cr.P.C., therefore, does not hold ground as the suit itself is in between the private parties and is not a suit against the government seeking a declaration as to whether the land is a public path way or a private path way. On the contrary the Pargana Magistrate, Nagina while deciding the proceeding has relied upon the police report as well as the report of the Tehsildar, Nagina. Both these reports have stated that the land in question is a public path way and was constructed by the Gram Panchayat in the year 2010-2011 under Dr. Ambedkar Yojana. It has also been transpired from the reports so submitted that the said road is a CC road constructed by the Executive Engineer, Grameen
