IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.794 of 2009 1. SUDHIR KUMAR JHA & 2. KISHORE KIMAR JHA, RESIDENTS OF VILLAGE HABI BHAUAR, POLICE STATION BAHERA, DARBHANGA. Versus 1. THE STATE OF BIHAR 2. DISTRICT MAGISTRATE, DARBHANGA 3. SP, DARBHANGA & 4. OFFICER IN CHARGE, BIRAUL POLICE STATION , DARBHANGA. ----------- 2 02.07.2010. Heard learned counsel for the parties. The petitioners seek direction to respondent no.2 to 14 to restrain the miscreants from interfering with his peaceful possession of his land mentioned in para 5 and restraining them from making any structure thereon. Earlier also, they had filed Cr.W.J.C. No. 371/2008 which had been disposed of by this court vide order dated 4.2.2009 observing that the Collector, Darbhanga will examine the representation of the petitioners and do the needful in accordance with law. He further submits that miscreants are still interfering with his peaceful possession and administration is sitting tight over the matter. State counsel has filed counter affidavit stating that respondents authorities have already taken steps and on direction of officer-in-charge of Biraul police station, Asstt. Sub Inspector of police submitted his report to the Anchal Adhikari, Biraul and further report was submitted to the S.D.M, Biraul for initiating a proceeding under sections 144 and 107 Cr.P.C., and now a proceeding under section 145 Cr.P.C. is pending before the court of SDM, Biraul. In the facts and circumstances of the case, this court disposes of the writ petition with observation that the petitioners may - 2 - seek their remedy in the aforesaid proceeding pending before the S.D.M., Biraul. It is expected that the learned S.D.M. would expedite the proceeding. Shashi. (Samarendra Pratap Singh, J.)