IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9180 of 2007 DHIRENDRA KUMAR JHA ----PETITIONER. Versus 1. STATE OF BIHAR 2. SACHIDANAND JHA S/O SURYA MOHAN JHA. ---OPP.PARTIES. ----------- 08. 23.07.2010 Both sides present. Petitioner assails the order dated 06.12.2006 passed in revision application being Cr. Revision no. 247 of 2005. Paragraph no.6 of the order reads as under:- “6. Considered the arguments advanced on behalf of both the sides mentioned above, perused the case record as well as the authorities cited by the petitioner and I find that there is no illegality in the impugned order as the learned lower Court after giving more than sufficient opportunity to file written statement on behalf of 2nd party/petitioner in the light of direction in Crl.Rev. no. 168/02, recorded the evidence of the Ist party/O.P.-II and after having satisfied that the passage of Ist party/O.P.-II was obstructed by the 2nd party/petitioner by constructing wall, passed the impugned order and then got the wall demolished by appointing a Magistrate. As a result, the criminal revision is hereby dismissed on contest.” Mr. Krishna Prasad Singh, learned counsel appearing on behalf of opposite party no.2 states that pursuant to the order, Magistrate deputed for the purpose has already removed the encroachment and the compliance report has been filed on 22.07.2005. This statement is being made on the basis of a letter bearing memo no. 749-2 dated 22.07.2005 issued by Anchal Adhikari, Saharsa and addressed to the Sub Divisional Magistrate, Saharsa. Certified copies of the entire order sheet of the Court of 2 Sub Divisional Magistrate, Saharsa, which contains the aforesaid letter dated 22.07.2005 have been placed on record which is/are marked as „X‟. It is thus contended that the present application has become infructuous. Having considered the aforesaid submissions, this Court is of the view that no effective order can be passed. Petitioner may seek remedy before an appropriate forum. The application is, accordingly, disposed of. Sym ( Kishore K. Mandal, J.)