When a petition is made to the Superior or Supreme Court to discontinue a highway laid out by Commissioners appointed by either of the Courts, which has not been built agreeably to the orders of the Court, the petition shall be served on one or more of the original petitioners for the laying of the highway, as well as on one or more of the selectmen of the town or towns through which the highway is laid, or the petition, on motion, shall be dismissed. If Commissioners are appointed and report adversely to the request of the petition, the original petitioners shall, in the discretion of the Court, be entitled to costs. (Added 1985, No. 269 (Adj. Sess.), § 1.)