IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.696 of 2009 BHANU PRATAP SINGH, S/o Late Nand Kishore Singh, resident of Village- Ekhlashpur, P.O. + P.S. Bhabhua, District- Kaimur (Bhabhua). . . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. Sub-Divisional Officer, Mohania, Kaimur. 3. Circle Officer, Mohania. 4. Baban Choudhary S/o Late Bigan Choudhary, R/o Village + P.O. Dedar, P.S. Mohania, District- Kaimur (Bhabhua). . . . . Respondents. ----------- 4/ 06.09.2010 Heard learned counsel for the petitioner and the State. In the instant writ application, the petitioner has prayed for direction to the respondents specially respondent no.2 to put the properties in auction in view of order dated 12.08.2000 / 21.08.2000 passed by the then S.D.O. Mohania u/s 145 and 146 (1) of Cr.P.C. passed in Case no. 24(M) of 2000 and deposit the sale proceed amount in Najarat of S.D.O., Mohania. The petitioner submits that the respondents ought to have auctioned the land measuring 108 acres through open deal instead of confining it to local few. He submits that the open deal would have fetched much more amount then what would it has fetched. The State has filed counter affidavit, wherein it has been stated that 145 Cr.P.C. proceeding has been dropped. As proceeding under Section 145 Cr.P.C. has been dropped, the subsequent order appointing receiver etc. also merges in that order. The effect is that the order appointing the receiver also come to an ends. In case, if there is any fresh apprehension of breach of peace, it will be open to the Magistrate to take recourse to action 2 under the law. It will also be open to the petitioner to make claim regarding sale proceed, which would be disposed of in accordance with law. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)