IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.956 of 2010 ***** 1. RAM KUMAR VERMA S/O SRI RAMDEO PRASAD @ BRAHMDEO PRASAD R/O VILL.- FATEHPUR, POST- SAJOUR, P.S.- SAHKUND, DISTT.- BHAGALPUR. …. …. Petitioner-Appellant Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, BHAGALPUR 2. THE DISTRICT COLLECTOR, BHAGALPUR 3. THE SUB-DIVISIONAL OFFICER, BHAGALPUR 4. THE SUB DIVISIONAL MAGISTRATE, BHAGALPUR 5. THE D.C.L.R., SADAR BHAGALPUR 6. THE CIRCLE OFFICER, SAHKUND, BHAGALPUR …. …. Respondnets-Respondents 7. RAM KRISHNA PRASAD S/O LATE SURYA KUMAR LAL R/O VILL.- FATEHPUR, POST- SAJOUR, P.S.- SAHKUND, DISTT.- BHAGALPUR. …. …. Intervener-Respondent ----------- 2. 25.6.2010. Heard the parties. Appellant challenged an order of District Magistrate, Bhagalpur dated 25.1.2010 whereby he refused to interfere with an order of the Sub Divisional Officer dated 25.5.2001 passed in the proceeding under Section 147 Cr.P.C. bearing Misc. Case No. 790 of 87/93 of 98. The learned single Judge has dismissed the writ petition by holding that the proceeding under Section 147 Cr.P.C. has attained finality and against that order the Collector had no appellate or revisional authority and, therefore, the Collector-cum-District Magistrate, Bhagalpur - 2 - rightly refused to interfere in the matter. The writ Court has further observed that the proper remedy of the petitioner would be to file a civil suit if he wants to overcome the final order under Section 147 Cr.P.C. Learned counsel for the appellant wants this Court to go into facts once again in the light of information supplied to the appellant by the Anchal Adhikari concerned in the year 2010 under the provisions of the Right to Information Act. Such information, even if relevant, can be used only in an appropriate proceeding, if brought before the Civil Court. We find no good reason to interfere in the matter. The appeal stands disposed of. It is clarified that the order of the District Magistrate though appears to be under Bihar Public Land Encroachment Act, is not really an order under that Act and the order merely recognizes the finality of an order passed by the competent authority under Section 147 Cr.P.C. Pawan/- (R.M. Doshit, CJ) (Shiva Kirti Singh, J)