IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC NO.383 of 2009 1. MANGAL SAH 2. KANAN SAH, BOTH SONS OF SHIVRAJ SAH, RESIDENT OF VILLAGE PATKHAULI, P.S. SANICHARI, DISTRICT WEST CHAMPARAN AT BETTIAH…………………………………………….….PETITIONERS VERSUS 1.THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, WEST CHAMPARAN AT BETTIAH 3. THE SUPERINTENDENT OF POLICE, BETTIAH WEST CHAMPARAN 4. THE SUB-DIVISIONAL OFFICER, BETTIAH AT WEST CHAMPARAN 5. THE OFFICER INCHARGE OF SANICHARI POLICE STATION AT BETTIAH, WEST CHAMPARAN 6. DARSHAN MAHTO, SON OF DHORA MAHTO 7. RAJDEO MAHTO, SON OF RAMPATI MAHTO 8. LALAN MAHTO, SON OF SUKHDEO MAHTO 9. SUKHDEO MAHTO, SON OF RAMJEE MAHTO 10. BHORI MAHTO, SON OF SUKHDEO MAHTO ALL RESIDENTS OF VILLAGE PATKHAULI, P.S. SANICHARI, DISTRICT WEST CHAMPARAN AT BETTIAH……………………………………………………..RESPONDENTS ----------- 4. 08.02.2010 Heard learned counsel for the petitioners and learned counsel for the State. Learned counsel for the petitioners submits that the Sub-Divisional Magistrate, Bettiah had passed order on 24.01.2008 in Case No. 633 M/2001 in a proceeding under Section 133 of the Code of Criminal Procedure directing the opposite parties to remove the encroachment and clear the road. The said order was also confirmed by the Additional District & Sessions Judge-cum-Fast track Court – III, West - 2 - Champaran, Bettiah, who rejected the revision application of the opposite parties. He submits that in spite of the said order, encroachment has not been removed by the opposite parties. If that is so, petitioners should bring this matter to the knowledge of the Sub- Divisional Magistrate, Bettiah and file a petition there for necessary steps for enforcement of the said order. The writ application to this Court without moving the court concerned is misconceived. Therefore, this writ application is dismissed with a liberty to the petitioner to move the court concerned for enforcement of the said order by getting the encroachment removed through administrative machinery at the cost of the opposite parties, as indicated in the order itself. B.T (J. N. Singh, J.)