IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.811 of 2009 NAZROOL HASSAN Versus STATE OF BIHAR & ORS ----------- 2 5.7.2010 The petitioner seeks a direction to the respondent authorities to implement the order dated 28.8.2001 passed in Case No. M/519/99 under sections 144/145 Cr.P.C. and order dated 11.11.2003 in Application No.139 of 2002 by the Subdivisional Magistrate, Pupri, Sitamarhi. Learned counsel for the petitioner submits that the plot in question relates to Khata No.266, Plot No.3134 and Khata No.900 and Plot No.3187 measuring an area of 6 decimals 150 Square Kari. The petitioner purchased the aforesaid land from one Ram Briksh Choudhary through a registered sale deed dated 25.9.1998 and gave boundary wall on the aforesaid land. He submits that one Baidyanath Paswan has unnecessarily raised dispute over his plot. However, in a proceeding, in Case No.M 519 of 1999, under section 145 Cr.P.C. the learned S.D.M., Pupri by order dated 28.8.2001 found and declared the possession of the petitioner. Learned counsel submits that in spite of the order of the learned Magistrate, when the aforesaid Baidyanath Paswan did not remove the obstruction, the petitioner filed an application for removal which too was allowed by order dated 11.11.2003 passed by the S.D.M., Pupri. It would appear from the pleadings that the petitioner 2 KHAN has filed a representation before the Collector, Sitamarhi which was registered as Case No.21 of 2008 for implementation of the order dated 11.11.2003 and deputation of Magistrate for removing encroachment by Baidyanath Paswan but the learned Collector by order dated 22.5.2009 rejected the petition of the petitioner by observing that in a proceeding under section 145 Cr.P.C. the Court of Collector has no jurisdiction to interfere in the matter. Counsel for the State submits that the petitioner could have moved an application before the S.D.M., Pupri under sections 185 and 188 Cr.P.C. for disobedience of his order. After hearing counsel for the parties, this court observes that if the petitioner files an application under section 188 Cr.P.C., the learned Subdivisional Magistrate, Pupri would dispose of the same within three months from the date of receipt/production of a copy of this order after noticing the Opposite party and also taking into consideration that there has been disobedience of his earlier order passed in a proceeding under section 145 Cr.P.C. in Case No.M 519 of 1999 disposed of on 28.8.2001. Besides, it would be open to the learned Magistrate to enforce the order dated 11.11.2003, contained in Annexure-2, forthwith. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J) 3