IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.619 of 2010 1. SUBHASH CHANDRA ADVOCATE, SON OF LATE SHYAM CHANDRA PRASAD RESIDENT OF SADAR HOSPITAL CHOWK (GALI NO. 3) P.S. TOWN MOTIHARI, DISTRICT EAST CHAMPARAN 2. DEEPAK KUMAR SINHA SON OF SRI BAJRANGI LAL SINHA, ADVOCATE RESIDENT OF RAGHUNATHPUR, P.S. TURKAULIA, DISTRICT EAST CHAMPARAN. 3. NANDU KUMAR SON OF SRI BAJRANGI LAL SINHA, ADVOCATE, RESIDENT OF RAGHUNATHPUR, P.S. TURKAULIA, DISTRICT EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. THE SUB DIVISIONAL MAGISTRATE, MOTIHARI, EAST CHAMPARAN. 3. KALYAN SWAROOP ALIAS BABLOO TIWARI, SON OF LATE KRISHNA KANT TIWARI, RESIDENT OF GOPALPUR P.S. TOWN MOTIHARI, DISTRICT – EAST CHAMPARAN. ----------- 04. 28.04.2011 Heard. The prayer of the petitioners is that the respondent no. 2, the Sub- Divisional Magistrate, Motihari, East Champaran deserves to be directed for initiating the proceeding under Section 133 of the Code of Criminal Procedure in light of the information furnished by the petitioners in their letter/petition dated 06.01.2010 as contained in annexure -2. Learned counsel for the State submits that the aforesaid petition was filed on 6th of January 2010 and as such, there is nothing on the record as to whether the alleged encroachment/nuisance still subsist on the land 2 in question. Considering the above, in case the alleged nuisance still subsists, it will be open for the petitioners to file a fresh petition before the respondent no. 2. In case such petition is filed, the same be considered in accordance with law expeditiously. The writ application stands disposed of. Jagdish/ ( Shailesh Kumar Sinha, J.)