IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9235 of 2005 Bibi Saira Khatoon, w/o Md. Nazim, resident of Village – Asgawn, PO Milki-Chak, PS Bahadurpur, Dist. Darbhanga .......... Petitioner Versus 1. The State Of Bihar 2. The Collector, Darbhanga 3. The Superintendent of Police,Darbhanga 4. The Sub-Divisional Magistrate, Darbhanga 5. The Circle Officer, Darbhanga, District Darbhanga 6. The Officer-in-Charge, Bahadurpur Police Station, District Darbhanga 7. Md. Akhtar 8. Md. Anwarul Haque 7 and 8 sons of late Taslim, resident of Village Asgawn, PO Milki-Chak, PS Bahadurpur, Dist. Darbhanga .......... Petitioner ----------- 02- 8/11/2011 Heard learned counsel for the petitioner, as well as learned counsel appearing for respondents no. 1 to 6. The writ petition has been filed for a direction to the respondent authorities to remove the portion of trees standing on the adjacent land by which the petitioner is unable to build her house. Learned counsel for the petitioner submits that the adjacent plot has trees planted on it but some of the branches of the trees are leaning over the side and come within the land of the petitioner due to which she cannot make any further construction on her own plot. Learned counsel further submits that there is no dispute with regard to demarcation of the boundary but submits that only a direction is needed so that the portion of the tree which is 2 obstructing the construction by the petitioner in her own plot and area is removed. He draws the attention of this Court to the order dated 1.10.2002, passed under Section 133 of the Code of Criminal Procedure, 1973, by the S.D.O., Darbhanga, by which such nuisance has been ordered to be removed after verification. Learned counsel for the petitioner submits that inspite of such order, necessary follow-up action has not been undertaken by the concerned official respondents. 2. In the facts and circumstances of the case, the writ petition is disposed off with a direction to respondent no. 4 to look into the matter and ensure that if there is any nuisance as alleged by the petitioner and if an order under Section 133 of the Code of Criminal Procedure has been passed, then the same ought to be implemented, and the concerned authorities are duty-bound to implement the same. After verification, the matter should be taken to its logical conclusion. Let the same be done in accordance with law expeditiously and in any case within a maximum period of two months from the date of production/receipt of a copy of this order upon respondent no. 4. mrl ( Ahsanuddin Amanullah, J. ) 3