IN THE HIGH COURT OF JUDICATURE AT PATNA OR. CR. MISC No.34 of 1996 BRAHMA NARAIN JHA Versus SRI BIRENDRA RAM &ORS ----------- For the petitioner: Shri Pramod Mishra, Advocate For the State : Shri Ajay Mishra, APP ------ 9/ 8.4.2011 Heard learned counsel for the parties. The present contempt petition was filed for initiation of a contempt proceeding and passing appropriate order of punishment for violation of the order of the court dated 22.8.1996, by which the order of eviction of the petitioner Brahma Narain Jha against the SDM, Katihar and others was stayed. On notice being issued to the Opposite party nos. 3 and 4, i.e., Vinay Kumar Jha and Subodh Chandra Jha appeared who were made contending parties before the Executive Magistrate in a proceeding under section 147 of the Cr.P.C. and they have filed a reply. Many facts have been stated but what attracts the attention of the court the most is stated in paragraph 9 of the reply – “That the proceeding u/s 147 Cr. P.C. was decided and the petitioner was directed to vacate Rasta by removing structure against which he preferred revision 106/93 which was dismissed then challenged the same in this Hon’ble court vide Cr.W.J.C. No. 438/96 which was also dismissed and then the Road was cleared in October 96”. Thus, what appears is that the order directing the removal of obstruction from the pathway which was created on plot no. 2251 and, thus, was creating easementry right in favour of the Opposite 2 party nos. 3 and 4 was dismissed even by this court. Shri Pramod Mishra, learned counsel appearing on behalf of the petitioner submitted very fairly that the proceedings have gone a very long way and all proceedings before the Executive Magistrate have ended and the contending parties have entered into civil litigation for adjudication of their easementry right or any other right, which might be involved in the disputed question of possession pertaining to the above mentioned land. There might not be any need to continue with the proceedings but, Shri Mishra, learned counsel submits that so that the future rights of the petitioner is not blocked in any manner on account of any observation/finding of this Court in the present proceeding, the petitioner reserves his right to agitate the same before the appropriate forum, if need be. This court is concerned only with the notice issued to the opposite parties to show cause, from perusal whereof, there does not appear any reason to proceed in the matter any further. The proceeding is, accordingly, dropped. The original criminal miscellaneous petition is disposed of. Anil/ ( Dharnidhar Jha, J.)