IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6808 of 2008 RAM SAGAR PODDAR Versus THE STATE OF BIHAR & ORS ----------- 07. 21.01.2009 This application has been filed for modification of the order dated 1.11.2007 whereby this Court by the consent of the parties had passed an order “petitioner is given liberty to reconstruct his drain but he should be careful not to encroach the lands of opposite parties No. 9 and 10”. Learned counsel appearing on behalf of the opposite parties No. 9 and 10 states and submits that he had not objected the reconstruction of the said drain. Petitioner is required only to raise the height of the drain as according to him the height of the road has been raised and as such the drain water remains stagnant and over flows into the house of the petitioner. The Sub-Divisional Magistrate, Khagaria should consider the order of this Court and take appropriate steps to facilitate reconstruction of the drain. Learned counsel further submits that by the order dated 1.11.2007 the entire proceedings had been disposed of but, I must clarify that the only issue that has been disposed of is the dispute which arose due to reconstruction of the drain. Learned counsel for the petitioner on the other - 2 - hand submits that the entire proceedings in fact revolve around the reconstruction of the drain. This fact should be asserted by the Court below and appropriate steps should be taken thereafter. Shageer (Sheema Ali Khan, J)