IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.982 of 2008 SHYAM BIHARI SINGH Versus THE STATE OF BIHAR & ORS ----------- 4 27.4.2009 This writ petition has been filed for quashing the order dated 16.12.2006 passed by the learned Sub divisional Magistrate, Sadar Patna in case no. 558 (M) of 2006 and to direct him for removal of all offending constructions over the plot no. 1745, No. 71, Tauzi No. 5609 and also for institution of criminal case under sections 447, 468, 469, 471,34, 120 B of the Indian Penal Code. It is submitted that there are two plots 1746 A+B and 1745 C+D. There is dispute between the petitioner and some other persons. It is stated that Lakkhan Das filed an appeal in which status quo was granted by order dated 13.5.1992. (Annexure-2 order sheet of this court with regard to F.A. No. 337 of 1989). There is also an order of injunction by order dated 21.10.1992. It is also stated that there is decree in favour of the petitioner. Considering that matter is pending in Civil Court though proceedings were taken up by the SDM, finally that was vacated. This petition has been filed for removal of offending - 2 - construction. It is submitted that first appeal is pending before this Court in which status quo has been granted. It is for the petitioner to approach before the appropriate court if the order is violated. If order of injunction is violated there is remedy in the C.P.C. The Sub-divisional Magistrate has only rejected the application because there is civil dispute. The execution of the decree is different from the taking action under section 144 Cr.P.C. In any event affected party who is said to have violated the order is not made a party. No order could be passed behind the back of the affected party. I do not find any merit in the writ petition and the same is dismissed. (J.B. Koshy, CJ) Rahman/