IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48792 of 2008 DINESH CHANDRA PANDEY …………………Petitioner Versus THE STATE OF BIHAR & ORS ………….Respondents ----------- 4 04.02.2009 In the instant case the petitioner has prayed for modification of order dated 1.09.2008 passed by this Court in CR.W.J.C No. 531 of 2007, whereby this court directed respondent no. 3 to take proper step for enforcing the order dated 28.02.2000 of Executive Magistrate passed in a proceeding under Section 147 Cr.P.C. Learned counsel submits that order dated 28.02.2000 was challenged in Title Suit No. 361 of 2002 in which injunction petition filed on behalf of petitioner was dismissed. He went in appeal being M.A. No. 3 of 2003 and the same was dismissed too by 4th Additional District Judge, East Champaran vide order dated 20.11.2003 with conditions that the authorities will take full precaution that no part of the pucka house, baithka of the plaintiff are damaged and no tree (not plant) shall be cut during the pendency of the suit. Learned counsel thus submits that order dated 28.02.2000 passed under Section 147 Cr.P.C stands modified in appeal no. 3 of 2003 and as such a direction issued in para 14 of Cr.W.J.C. No. 531 of 2007 by this Court for enforcing order dated 1.09.2008 be modified accordingly. Mr. Ram Suresh Roy learned Senior counsel appearing for the other side submits that there is no restrain in - 2 - relating to cutting of plants. After hearing the learned counsel for the parties the direction issued by this Court vide order dated 1.09.2008 in Cr.W.J.C. No. 531 of 2007 made in para 14 is modified to the extent that respondents should take steps for enforcing the order dated 28.02.2000 with full precaution that no part of the pucka house and baithka of plaintiff is damaged and no tree (not plant) is cut during the pendency of the suit. It goes without saying that the petitioner will cooperate in the proceeding in the learned court below as order has been passed at his behest. The application stands allowed to the extent mentioned above. Kundan (Samarendra Pratap Singh, J.)