IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30878 of 2008 Uday Narayan Singh, son of Sudarshan Singh, village Dihari, PS Rajpur, District Buxar – Petitioner. Vs. 1) The State of Bihar, 2) Ram Bachan Singh, son of Late Ram Laxman Sinh, 3) Basawan Singh, son of Late Ram Chandra Singh, both of village Dihari, PS Rajpur, District Buxar – Opp. Parties. 2 27.6.2011 Heard learned counsel for the petitioner and the A.P.P. representing the State. This application has been filed for quashing the order, dated 27.5.2008 passed by Addl. District and Sessions Judge, FTC III, Buxar in Cr. Revision No. 20/2008/18/2008. The petitioner is aggrieved by the fact that the Additional Sessions Judge , Buxar has set aside the order passed by the Subdivisional Officer by which he had issued notice to the opposite party to appear and file show cause in a proceeding under section 147 Cr.P.C. The claim of the petitioner is that under the Jawahar Rozgar Yojna a road was constructed which was being used by the villagers. The revisional court while considering all aspect of the matter has come to the conclusion that the land of Khata no. 585, plot no. 3255 are the Khatiyani land and have been recorded in the name of private persons. It has specifically been stated that the area of land of plot no. 3255 in the recent survey has been shown to be 7 decimals and is recorded in the name of Ram Laxman Singh. Under these circumstances the court has held that there is nothing to show or there is no sign which would indicate that this 2 land was a valid road and as such the proceeding initiated under section 147 Cr.P.C. is misplaced. Learned counsel for the petitioner, on the other hand, submits that the petitioner has objected that the road is shown to have been constructed under the Jawahar Rozgar Yojna and, therefore, the situation has now become tense because of this fact. On the other hand, it has been reported by the Circle Officer that the records of right indicates that they are private land of the opposite parties. In the circumstances I do not find any illegality in the impugned order. This application is dismissed. haque ( Sheema Ali Khan, J.)