IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15690 of 2009 1. Nanhu Rai, son of Late Bhaggu Rai, 2. Siya Janki Devi, wife of Sheo ji Rai, both of Mohanpur, PS Raghopur, Dist. Vaishali – Petitioners. Vs. 1. The State of Bihar, 2. Nakeshwar Rai, son of Late Mithu Rai, village Mohanpur, PS Raghopur, Dist. Vaishali, at present Naya Tola Pakri, PS Vidupur, Dist. Vaishali – Opposite parties. 2 2.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioners have challenged the order, dated 4.3.2009 passed by the Subdivisional Officer, Hajipur in Case No. 76/2009 by which notices have been issued to them to appear in a proceeding under section 144 of the Code of Criminal Procedure. The petitioners are the 2nd party in this case. On the basis of a complaint filed by the Ist party, the police submitted a report which is at Annexure 1 to this application wherein it has been stated that petitioners are in possession of the disputed land. Learned counsel points out that a suit was filed by the petitioners claiming title over the land in question. The suit was dismissed after which Title Appeal No. 10/1991/30/1992 was filed which was allowed in favour of the petitioners. The opposite party , that is, the Ist party in the 144 Cr.P.C. proceeding has filed a second appeal in the High Court. The High Court has ordered that status quo should be maintained with respect to the land. It is further submitted that on an earlier occasion the Ist party had filed an application against the 144 Cr.P.C. proceeding which was dropped holding that the 2 petitioners were in possession of the land. On second occasion when 144 Cr.P.C. proceeding has been initiated for the same piece of land making similar allegations in which parties are the same stating that opposite party is in possession over the lands in question and the petitioners are disturbing the possession. The Subdivisional Officer, Hajipur before whom the matter is pending is directed to consider this aspect and the report of the police officer before passing any order. The petitioners should appear before the Subdivisional Officer and file their show cause stating the aforesaid facts. This application is disposed of with the aforesaid obser4vations and directions. Learned counsel for the petitioners is permitted to deposit the cost of Fax for communicating this order to the court of the Subdivisional Officer, Hajipur. haque (Sheema Ali Khan, J.)