IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1251 of 2008 1. Sukhdeo Prasad Singh son of late Saryu Prasad Singh 2. Ashwini Kumar Singh son of Shri Ramanand Singh 3. Pramod Kumar Singh son of Late Suryanath Singh 4. Sheelanath Jha son of Shri Gagendra Jha (All r/o Mohalla Indrapuri, P.S. & Dist. Katihar. ---- Petitioners. Versus 1.The State of Bihar 2. The Secretary, Home, Govt. of Bihar, Patna. 3. The Director General of Police (BMP), Bihar, Patna. 4. The Inspector General of Police (BMP), North Zone Division, Patna. 5. The Deputy Inspector General of Police (BMP), North Division, Muzaffarpur. 6. The Commandant, BMP-7 Katihar. ----- Opp.Parties. ----------- 02. 07.07.2010 Heard both sides. Petitioners claiming themselves to be the representative of the resident of Mohalla- Indrapuri, located in the township of Katihar, has impugned the present order passed by learned Sub Divisional Magistrate, Katihar, in case no. 245 of 2008-09 (Sukhdeo Prasad Singh & Ors. vs. The State of Bihar & Ors.), whereby the matter has been finally disposed of. Learned Sub Divisional Magistrate has found that the road on which the residents of Mohalla-Indrapuri claimed ‘Rasta’ belonged to B.M.P.-7. It has further been recorded therein that 12 ft. wide ‘Rasta’/road is available to the residents of Mohalla Indrapuri to approach the main Katihar Purnia road. A brief background of the case may first be noted. Petitioners filed a writ application before this Court claiming themselves to be the representatives of the residents of Mohalla-Indrapuri, in the township of Katihar. Said matter was treated as a public interest litigation and disposed of by this Court by order dated 10.10.2006, passed in C.W.J.C.No. 12178 of 2006 (Annexure-1). By the said order petitioners 2 were directed to approach the respondent Collector, Katihar by filing representation and the Collector of the said District was directed to look into the same and take appropriate action in accordance with law. Consequently, the matter was taken up by the District Magistrate, who, by his order dated 15.07.2008, endorsed the file to the Sub Divisional Officer/Magistrate, Katihar for enquiry and disposal. It appears from the recitals made in the impugned order that parties were given opportunity to substantiate their respective claims. On a consideration of the materials placed before it and after having been satisfied that the residents of Mohalla- Indrapuri had an alternative approach to the main road and also noticing the fact that there was already 12 ft. wide ‘Rasta’/road/passage available to them by way of internal arrangement the said proceeding was disposed of. It appears from the facts highlighted hereinabove that under orders of this Court, the Sub Divisional Magistrate was ordained to consider and dispose of the issue raised before him by the petitioners in their representative capacity. This Court finds no infirmity in the said order which has been passed under the directions of this Court. If the petitioners claim use of ‘Rasta’/road through the passage which belonged to B.M.P-7 they may approach appropriate forum. With the aforesaid observations, the application is disposed of. Sym ( Kishore K. Mandal, J.)