IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44325 of 2008 Ram Surat Versus State Of Bihar & Anr ----------- 2 29.7.2011 Learned counsel for the petitioner submits that the order dated 12.7.2008 is bad for the reason that 145 proceeding has been initiated on his residential house. The petitioner would be at liberty to raise this issue as a preliminary issue in his show-cause and the Court after examining the fact as to whether the house is a residential house may pass appropriate orders. If there is any dispute between the parties, the Sub-divisional Magistrate, Sitamarhi may also order for a local inspection to be made to settle this issue. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)