IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.463 of 2009 SHASHI DUBEY SON OF MATUKI DUBEY RESIDENT OF VILLAGE – GARAHIYA, P.S. MADHUBAN, DISTRICT EAST CHAMPARAN. Versus 1. THE STATE OF BIHAR 2. SUB-DIVISIONAL OFFICER, PAKARIDAYAL, EAST CHAMPARAN, MOTIHARI. 3. B.D.O. CUM C.O. MADHUBAN EAST CHAMPARAN, MOTIHARI 4. MOTI SINGH, SON OF LATE RADHA KANT SINGH RESIDENT OF VILLAGE – GARAHIYA, P.S. MADHUBAN,EAST CHAMPARAN, MOTIHARI. ----------- 03. 10.01.2011 Heard learned counsel for the petitioner, State as also the respondent no. 4. A rejoinder to the counter affidavit has been filed on behalf of the petitioner. The prayer of the petitioner is that the order dated 14th of October 2008, issued by the Sub – Divisional Officer, Pakaridayal, East Champaran, directing the Block Development Officer, Madhuban, East Champaran to open the lock of the shop in question, should be directed to be executed. It is submitted that Block Development Officer has submitted his report that the shop in question is situated over the Rayaty land and the dispute is between the landlord and tenant. He further submits that the police submitted the report to the effect that the owner of the bazaar namely, Moti Singh and others have locked the shop of the petitioner and since the shop has been locked with the result there is a tension in the Bazar. Learned counsel appearing on behalf of the respondent no–4 submits that dispute between the parties have led to the filing of a civil suit bearing Title Suit No. 519 of 2008 filed on 14.11.2008 in which the petitioner is one of the defendants. Considering the submissions of the parties and in the above circumstances, since the matter is pending in a Civil Suit, I am not inclined to interfere into the matter and the writ application stands dismissed. Jagdish/- ( Shailesh Kumar Sinha,J.)