IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.846 of 2009 RUPAM PANDEY Versus 1. STATE OF BIHAR 2. DISTRICT MAGISTRATE, WEST CHAMPARAN 3. SUPERINTENDENT OF POLICE, BAGAHA 4. DY SUPERINTENDENT OF POLICE, RAMNAGAR 5. SUDHIR KUMAR SINGH, SDPO RAMNAGAR 6. SDO, RAMNAGAR 7. CO, RAMNAGAR 8. SRI SETU RAI. ----------- 5. 05.08.2010. The petitioner prays for a direction to the respondents to restore his possession over 14 dhurs of land appertaining to Khata no.2, Khesra no. 1370 at Station Road, Ramnagar on which he runs his motor garage and has shop. Petitioner submits that his shop has been locked by respondent no.8 in collusion with respondent no.5. Respondent no.8 too has land in the same Khata no. and Khesra no. He submits that he is in occupation of the said land since last 63 years . He further submits that he had filed an application for demarcation of his land pursuant to which the ADM, Bettiah directed the CO, Ramnagar to demarcate land of petitioner. The CO, Ramnagar fixed 18.8.2009 for demarcating the land belonging to the petitioner. In the meantime, it is alleged that respondent no. 5 in connivance with respondent no.8 started constructing pucca wall encroaching his 4 dhurs of land. A counter affidavit has been filed on behalf of the Dy. Superintendent of Police, (HQ), Gaya in which it has been stated that even the Superintendent of Police, vide its memo no. 1001, 2 dated 25.5.2009 supervised the case and directed the IO to take appropriate steps for arresting of Setu Rai, respondent no.8 and others. However, there is no reference of putting lock on petitioner’s shop in counter affidavit. It further appears from the supervision note of the SDPO dated 10.9.2009 and the S.P. dated 25.9.2009 that allegations against Setu Rai in Ramnagar Police Station No. 468 of 2008 instituted by petitioner stand substantiated. So far as construction of boundary wall over 4 dhoors of land is concerned, it would appear from para 7 of the writ petition that in this respect a proceeding under section 145 Cr. P. C. is already pending before SDO, Bagaha. The writ petition is disposed of with direction that the SDO, Bagaha or the Magistrate in seisin of 145 Cr.P.C. proceeding bearing no. 19/2009 would be disposed of, preferably within 6 months from the date of receipt/production of a copy of this order, after notice to the parties concerned. The petitioner would be entitled to open his shop as there is no observation by the Superintendent of Police in his supervision report dated 25.9.2009 that the same has been locked by police. Shashi. (Samarendra Pratap Singh, J.)