IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3674 of 2010 Sk. Abdul Manan @ Sk.Manan S/O Late Sk. S.K. Islam R/O Vill.- Murli, P.S.- Balthar, Distt.- West Champaran Versus 1. Sk. Md.Iliayas S/O Late Sk. Yunus R/O Vill.- Murli Parsauni, P.S.- Balthar, Distt.- West Champaran 2. Sk. Md. Kais S/O Late Sk. Yunus R/O Vill.- Murli Parsauni, P.S.- Balthar, Distt.- West Champaran 3. Bibi Safiya D/O Late Yunus, W/O Sk. Istiyaque @ Bikau R/O Vill.- Puraina, P.S.- Balthar, Distt.- West Champaran ----------- 2 28.06.2011 Heard Mr. Akhileshwar Kumar Srivastava, learned counsel for the petitioner and Mr. Shanti Kumar, learned counsel appearing on behalf of the respondents. The petitioner seeks quashing of the direction as contained in letter No. 3 dated 18.01.2010 (Annexure-4) written by Sri Umesh Mani Tripathi, the Additional Munsif-I, Bettiah to the Officer- in-charge, Bettiah Police Station, District West Champaran whereunder the Officer-in-charge has been directed to restrain the contesting parties in Title Suit No. 8 of 2004 from area in dispute. Learned counsel for the petitioner submits that the petitioner had filed a Title Suit No. 8 of 2004 in the Court of Munsif, West Champaran against the respondents herein seeking declaration of title over the suit property situated on Khata No. 44 Kheshra No. 1414 having an area of 15 khathas 2 dhurs, fully described in Schedule 1 of the plaint. The petitioner also sought a permanent/temporary injunction against the defendants-respondents herein from interfering in any 2 manner with the peaceful possession of the petitioner over the suit land. It is contended that the injunction petition filed under Order 39 Rules 1 and 2 of the Code of Civil Procedure was considered by the Trial Court and an order of maintenance of status quo by the contesting parties was passed on 25.02.2005, copy whereof is placed at Annexure-1 of the writ petition. It is stated that the order of status quo was challenged in appeal by the respondents herein and which was rejected by the Additional District and Sessions Judge, F.T.C.3, District-West Champaran at Bettia in Misc. Appeal No. 08 of 2005 vide order dated 16.01.2008. Learned counsel for the petitioner submits that another application was filed on behalf of the defendants-respondents herein alleging sale of part of suit property and seeking directions from the trial Court and which petition of the defendants-respondents was considered by the trial Court in the proceedings held on 8.01.2010 when the trial Court while reiterating the maintenance of status quo by the parties as contained in the order dated 25.02.2005 disposed of the said application. Had the matter remained at this stage there would have been no dispute but the learned trial Court enthusiastically went ahead and issued the letter in question on 18.01.2010 by which the Officer Incharge, Bettiah Police Station was directed to restrain the contesting parties from approaching the suit property. The issuance of the letter besides being wholly unwarranted, is also an improvement on the judicial proceeding as recorded in the order dated 8.1.2010 passed in title Suit No. 08 of 2004, Certified copy whereof is placed at Annexure-3. Accordingly the directions as 3 contained in the letter dated 18.01.2010 of the Additional Munsif-I, Bettiah as placed at Annexure-4, cannot be sustained and is set aside. The writ petition is allowed. Bibhash (Jyoti Saran, J.)