IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.278 of 2011 PARMANAND TIWARI Versus THE STATE OF BIHAR & ORS ----------- 2 12.05.2011 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that the flow of water from the Nala underground the two plots of the petitioner having one Gair Mazarua Aam Land in between the two has been broken and a nuisance is being created by the respondents-second set with the result the dirty water comes over the land of the petitioner. It is submitted on behalf of the petitioner that as stated in paragraph 21 of the writ application a proceeding under section 133 Cr. P.C. vide Miscellaneous Case No. 587 of 2009 for removing the nuisance is pending before the respondent no.8 and the case is fixed for evidence, however, despite the petitioner appearing in the said case for getting his evidence recorded, the case is not being taken up with the result the matter is lingering. It is further submitted that the respondents-second set deserve to be restrained from creating nuisance. Learned counsel for the State submits that the appropriate remedy for the petitioner is in the case pending before the respondent no.8 as stated in paragraph 21 of the writ application. Considering the submissions of the parties and in the facts and circumstances of the case, I am not inclined to interfere into the matter. However, in case the aforesaid Miscellaneous Case No. 587 of 2009 under section 133 Cr. P.C. is still pending before the respondent no.8, the same may be disposed of expeditiously in accordance with law. The writ application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)