4 19-11-2008 IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2418 of 2006 JAMUNA PRASAD, son of late Kailash Sah, reside3nt of Kailash Kuteer, in front of Animal Hospital, Natwar aRoad, P.S.Bikramganj, district, Rohtas. Versus STATE OF BIHAR ----------- 1. The State of Bihar 2. Sri Shridhar Cheri Bolu, the District Magistrate, Rohtas 3. Sri Ramesh Mishra, Subdivisional Officer-cum- Chairman, Notified Area Committee, Bikramganj, district, Rohtas 4. Sri Naiyar Hasnain Khan, the Superintendent of Police, Rohtas 5. Sri Rajiv Kumar, Officer-in-Charge of Bikramganj Police station , district Rohtas 6. Sri Sidhnath Singh, the Chairman of Nagar Panchayat Bikramganj, district Rohtas 7. Vijay Kumar, Circle Officer cum Executive Magistrate/Officer, Nagar Panchayat Bikramganj district Rohtas. .........Opp. Party Ist. Set 8. Anant Sao son of Jiut Sao 9. Durga Sao son of Jiut Sao both resident of Bikramganj (Dhangi) Near Animal Hospital Natwar Road, P.S. Bikramganj district Rohtas...... Opp. Party 2nd Set ----------------. Heard learned counsel for the petitioner and learned counsel for the opposite parties. On perusal of the order of the writ court it is clear that in case there was impediment in construction of Pucca drain as per desire of the petitioner on account of ownership of the land being in the name of other person, the petitioner would require to seek a declaration from a competent court. In that view of the matter the contempt petition is - 2 - Naresh found to be incompetent , it is accordingly, dismissed. If so advised petitioner may pursue his remedy through appropriate proceeding in competent court. (Shiva Kirti Singh,J)