IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.61 of 2006 1. SMT.RUPKALI DEVI, W/O- BAIDYANATH PD. SINGH. 2. BAIDYANATH PRASAD SINGH, S/O- LATE SHYAM JEE SINGH. BOTH ARE RESIDENT OF VILLAGE- KARAHAN, P.S.- KESARIA, AT PRESENT RESIDING AT VILLAGE- NAUTAN, P.S.- SANGRAMPUR, DISTT.- EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE CUM COLLECTOR EAST CHAMPARAN, MOTIHARI. 3. THE SUPERINTENDENT OF POLICE, EAST CHAMPARAN, MOTIHARI. 4. THE SUB-DIVISIONAL OFFICER, ARERAJ, DISTT. EAST CHAMPARAN, MOTIHARI. 5. THE S.D.P.O. SUB DIVISION ARERAJ DISTT. EAST CHAMPARAN, MOTIHARI :--- RESPONDENT 1ST SET. 6. BACHCHA SINGH ALIAS JAY NARAYAN SINGH, S/O- LATE KAMKHAYA SINGH. 7. SURESH SINGH, S/O- JAY NARAYAN SINGH. 8. UMA SHANKAR SINGH, S/O- BACHCHA SINGH ALIAS JAY NARAYAN SINGH. 9. PRAMOD SINGH S/O- BACHCHA SINGH. 10. KRIPASHANKAR SINGH, S/O- SURESH SINGH. 11. KUMIT SINGH, S/O- SURESH SINGH. 12. VINOD SINGH, S/O- SURESH SINGH. ALL ARE RESIDENT OF VILLAGE- NAUTAN, P.S.- SANGRAMPUR, DISTT.- EAST CHAMPARAN, MOTIHARI :--- RESPONDENT 2ND SET. ----------- 2. 13.01.2011. Heard learned counsel for the petitioners and the State, also perused the counter affidavit affirmed by the Sub- Divisional Officer, Areraj, East Champaran. 2. It appears, in compliance of the judgment of the Civil Court petitioners have been put in possession of the property, in question at the instance of the executing court. Notwithstanding such fact - 2 - the private respondent, 2nd set, who were the judgment debtors, are trying to interfere with the possession of the petitioners. 3. In the circumstances, petitioners have got remedy to take action under Section 188 of the Indian Penal Code before the criminal court as also by filing petition under order 39 Rule 3 (A) before the Civil Court. Until action is taken by the Civil/Criminal Court the Civil Administration of the Sub-Division should come to the rescue of the petitioners and ensure that their possession over the property in question, is not interfered/disturbed by the respondent, 2nd set, the judgment debtors. 4. With the aforesaid observation/direction, the writ petition is disposed of. P.K.P. (V.N.Sinha,J.)