IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8833 of 2009 RAM KISHUN MAHTO, SON OF LATE DUKHI MAHTO, RESIDENT OF VILLAGE PARSAMA, P.S. PANDARAK, DISTT. PATNA. ------- PETITIONER. Versus 1. THE STATE OF BIHAR 2. SUB DIVISIONAL MAGISTRATE, BARH, DISTT. PATNA. 3. ANCHAL ADHIKARI, PANDARAK, PATNA. 4. RAM CHANDRA MAHTO, SON OF LATE NARSINGH MAHTO RESIDENT OF VILLAGE – PARSAMA, P.S. PANDARAK, DISTT. PATNA. -----------OPPOSITE PARTIES. 2. 01.09.2010 Heard the parties. The petitioner is aggrieved by the order dated 27.9.2006 passed by S.D.M. Barh in Case No. 133(M) of 1998 by which he had ordered for demolishing of the house of the petitioner without notice to him on the ground that the same was an encroachment. It has been submitted that under Section 133 Cr.P.C. no Magistrate can order for removal of the encroachment without notice as also that no public interest is involved and has relied upon the decisions reported in AIR 1959 PAT 81 (D.B.) (Darsan Ram Vs. the State and others), AIR 1951 PAT 311 (D.B.) (Sukh Lal Gope and another Vs. Satyadeo Prasad and others) and AIR 1958 PAT 210 (Rameshwar Prasad Vs. The State of Bihar). In my view no reason for interference in the matter is made out, since the initial order was passed on 27.9.2006 i.e. 4 years back whereas the petitioner has filed the present application only on 28.2.2009 and in the meanwhile he took no interest in the matter. 2 In view of such, this application is dismissed. S.Ali ( Anjana Prakash, J.)