IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.101 of 2008 CHANDRIKA YADAV Versus STATE OF BIHAR & ORS ----------- 2 15.12.2008 In the instant writ application the petitioner has prayed for quashing the letter No.1434 dated 21.8.2007 passed by the S.D.O., Lakhisarai, whereby he directed the Circle Officer and Officer Incharge to provide protection to one Mahendra Sao against the petitioner. The petitioner submits that the aforesaid letter is even unsigned. He submits that earlier a proceeding under section 144 of Cr.P.C. was initiated being Case No.187(M)/07. In the aforesaid proceeding the Magistrate illegally made the rule absolute against him and in favour of one Mahendra Sao. The learned counsel for the State submits that the petitioner has earlier moved this Court against order dated 15.5.2007. He submits that the proceeding under section 144 of Cr.P.C. is initiated as an emergent measure to avoide breach of peace. The finding recorded in a proceeding cannot prejudice a party in subsequent proceeding in respect of title and possession. It will be open to the petitioner to make representation before Collector, Lakhisarai in this matter. It will also be open to either of the parties to approach appropriate civil court for claiming an appropriate relief. With the aforesaid observations this writ application is 2 disposed of. Anilksinha (Samarendra Pratap Singh,J.)