IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1079 of 2008 1. Sidheshwar Prasad Sharma sonof Late Sita Ram Singh 2. Gunjeshwar Prasad Sharma son of Late Jugeshwar Prasad Singh both resident of village Larha, P.S. Dhanarua, District Patna. Versus 1. THE STATE OF BIHAR 2. The Sub-divisional Magistrate, Masaurhi, Patna. 3. Smt. Vinita Devi Mukhiya Gram Panchayat Patherhat, P.S. Dhanarua, District Patna. 4. Arbind Kumar (Panchayat Sewak)Gram Panchayat Patherhat, P.s. Dhanarua, District Patna. 5. Rajesh Kumar son of Surendra Mahto 6. Sant Mahto sonof Ragho Mahto both resident of village Khadiha, P.s. Dhasnarua District Patna. ----------- 3 19/03/2009 This writ application has been filed against the observation made regarding nature and title of the disputed land by the Sub- divisional Magistrate, Masaurhi, Patna by order dated 30.8.2007 in case No. 220 of 2007. It is the case of the petitioner that while dropping the proceeding under section 144 Cr.P.C. the learned Sub-divisional Magistrate, Masaurhi, Patna has made certain observation regarding title and possession of the land in question which is beyond his jurisdiction and prejudicial in the interest of the petitioner. In the circumstances, this Court makes it clear that any observation made by the Sub-divisional Magistrate, Masaurhi shall be confined only for the purpose of the aforesaid proceeding under section 144 Cr.P.C. and shall not be used or cause prejudice to the case of the petitioner in any future litigation. With the above observation, this writ application stands disposed of. (J. B. Koshy, CJ.) - 2 - AMIN