IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.998 of 2010 SRI CHHEDI PANJIYAR SON OF LATE SITARAM PANJIYAR, RESIDENT OF DAHLAN CHAWK, WARD NO. 21 SAHARSA TOWN, P.S. AND DISTRICT SAHARSA Versus 1. THE STATE OF BIHAR 2. SUB-DIVISIONAL MAGISTRATE, SAHARSA SADAR, DISTRICT – SAHARSA. 3. UDAY SHANKAR PANJIYAR ALIAS SHANKAR PANJIYAR SON OF LATE BADRI PANJIYAR. 4. SANGEETA PANJIYAR WIFE OF SRI UDAY SHANKAR PANJIYAR ALIAS SHANKAR PANJIYAR. BOTH O.P. NOS. 3 AND 4 RESIDENT OF DAHLAN – CHAWK, WARD NO. 21 SAHARSA TOWN, P.S. SAHARSA TOWN, DISTRICT – SAHARSA. ----------- 03. 10.03.2011 Heard the parties. Petitioner assails the order dated 09.07.2009 in Misc. Case No. 264 of 2008 in a proceeding under Section 107 of the Cr.P.C. as contained in Annexure – 2 whereby the first party of the proceeding was allowed to carry on the “GHERABANDI” observing that the second party has no objection. Petitioner further assails the order as per Memo No. 301 dated 18th of March 2010 as contained in Annexure- 4, whereby the Magistrate was deputed with instruction to the Officer In-charge, Saharsa Town Police Station that the applicant of the above said proceeding be provided security and assistance in accordance with law as permitted under the law. 2 Learned counsel for the petitioner submits that the observation made in the Annexure -1, the second party has no objection is not correct. It is further submitted that first party could not have exceeded and disturbed the pathway of the second party i.e. the petitioner. It is further submitted that the deputation of the Magistrate at the instance of the officer-in-charge, Jankalyan Cell is absolutely illegal and without jurisdiction. Considering the submission of the parties, the order as contained in Annexure-2 as also Annexure- 4 read with Annexure- 3, I am not inclined to interfere in the order. However, in case, the legal rights of the petitioners, if any, are being interfered with, it will be open for the petitioner to take the recourse of law including approaching the civil court for appropriate relief permissible in law. The writ application stands disposed of. Jagdish/ ( Shailesh Kumar Sinha, J.)