IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.274 of 2008 HARE RAM THAKUR, S/O RAMADHAR THAKUR, R/O VILLAGE- RAJPUR POST OFFICE-CHARGHAT, P.S. BIHIYAN, DISTRICT-BHOJPUR. -PETITIONER Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, BIHAR, PATNA 3. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 4. THE D.I.G. OF POLICE, PATNA. 5. THE DISTRICT MAGISTRATE, BHOJPUR (ARA) 6. THE DIVISIONAL DEVELOPMENT COMMISSIONER, BHOJPUR, ARA. 7. THE SUPERINTENDENT OF POLICE, BHOJPUR, ARA. 8. SUB-DIVISIONAL MAGISTRATE, JAGDISHPUR, DISTRICT-BHOJPUR (ARA) 9. THE DY.S.P. JAGDISHPUR, DISTRICT-BHOJPUR,ARA 10. THE CIRCLE OFFICER, SAHPUR BLOCK, SAHPUR, DISTRICT-BHOJPUR, ARA. 11. THE OFFICER IN CHARGE BIHIYAN POLICE STATION O.P. BAHORANPUR, DISTRICT-BHOJPUR, ARA. -RESPONDENT-1ST SET 12.SMT. KALWATI DEVI, W/O LATE SRIRAM THAKUR AT PRESENT MUKHIYA, R/O VILLAGE RAJPUR, POST-CHARGHAT, P.S. BIHIYAN, DISTRICT- BHOJPUR, ARA. 13.TILENDRA THAKUR, 14.BRAJ THAKUR, 15.HARENDRA THAKUYR, ALL THREE SONS OF LATE SRIRAM THAKUR, 16. TUNTUN THAKUR, S/O SRI TILENDRA THAKUR, ALL R/O VILLAGE-RAJPUR, POST-CHARGHAT, P.S. BIHIYAN, DISTRICT-BHOJPUR, ARA. -RESPONDENTS-2ND SET. 4 27.04.2009 This petition is filed for a direction to respondent no.8 to comply with the order passed in Case no. 51 of 2007 dated 13.6.2007 in a proceeding under section 144 of the Code of Criminal Procedure whereby the S.D.M, 2 AAhmad/ Jagdishpur directed to opposite party Police Officer to remove the encroachment over the drain which has been encroached by the respondent 2nd set forcibly for easy flow of drainage water. A counter affidavit was filed stating that the order passed by the S.D.M, Jagdishpur was implemented and the obstructions caused by respondent 2nd set over the drain was removed by the officer-in-charge of Bahoranpur O.P. with the help of local people and, in fact, compliance report has been filed. If there is any further obstruction to the drain then it is for the petitioner to approach the concerned authority with notice to the other side and the matter should again be considered and obstructions to the drain should be removed. With regard to the civil rights of the private place that can be decided in Civil Court. The Police is directed to see that law and order is maintained and life of parties are not in danger. If any petition is filed that also should be considered by the authorities accordingly. The petition is disposed of with the observations made above. ( J.B. Koshy, CJ.) 3