IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18252 of 2008 1. RAMANAND SINGH @ RAMAKANT SINGH, SON OF LATE MUNNO SINGH 2. UMASHANKAR SINGH, SON OF LATE CHANO SINGH 3. GHOGHAN SINGH, SON OF LATE HIRA SINGH ALL RESIDENTS OF VILLAGE MALPUR, P.S. PIPARIA, DISTRICT LAKHISARAI. ----- PETITIONERS Versus 1. THE STATE OF BIHAR 2. RAJESHWAR SINGH 3. NUNU LAL SINGH BOTH SONS OF LATE HARI SINGH, RESIDENT OF VILLAGE MALPUR, P.S. PIPARIA, DISTRICT LAKHISARAI. ----- OPPOSITE PARTIES ----------- 2 10.12.2009 Learned counsel for the petitioner is aggrieved by the order dated 20.9.2007 passed by the Executive Magistrate, Lakhisarai in Case No. 473 M/07 by which notices have been issued under Section 145 Cr.P.C. to both the parties. The contention of the counsel is that in 1992 a proceeding was initiated in which it was found that the petitioners were in possession of the land and petitioners were discharged of liability under Section 144 Cr.P.C. On the second occasion in the year 2007, a 144 Cr.P.C. proceeding was initiated and restrain order was passed. On the third occasion, the present order has been issued on 20.9.2007 converting the proceeding into one under 145 Cr.P.C. by a speaking order and notices have been issued under Section 145 Cr.P.C. to both the parties. It would be proper that both the parties filed their respective show cause in the Court of the Sub-divisional Officer, Lakhisarai to decide the matter regarding the question of possession. Undoubtedly the petitioners would have the 2 opportunity to show to the Court the orders passed in the past with respect to the proceeding under Section 144 Cr.P.C. The Sub-divisional Officer, Lakhisarai is directed to hear this case expeditiously and decide this matter within a period of six months on receipt/production of a copy of this order. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)