IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22543 of 2009 RAJ KUMAR GUPTA, SON OF LATE RAMESHWAR GUPTA, RESIDENT OF CHHOTI KHAGAUL, P.S. KHAGAUL IN THE DISTRICT OF PATNA. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. GOPAL PRASAD GUPTA, SON OF LATE SITARAM SHAHA, RESIDENTOF CHHOTI KHAGAUL, P.S. KHAGAUL IN THE DISTRICT OF PATNA. ----- OPPOSITE PARTIES For the petitioner :- Mr. Ramakant Sharma, Senior Advocate Mr. Laxmikant Sharma, Advocate For the opposite parties :- None. For the State :- Mr. Jharkhandi Upadhyay, A.P.P. ----------- 2 7.10.2009 Heard the parties. There is a dispute between the petitioner and the opposite party no. 2 with respect to a piece of land which even according to the order impugned does not belong to either of the party. In fact the report received by the Municipal Officer indicates that it is not recorded in the name of Municipal Corporation. The opposite party no. 2 is aggrieved by the petitioner as he alleges that the petitioner is trying to fix a sewage pipe which leads to his house. It is also alleged that the petitioner abused the opposite party no. 2. Both the petitioner and the opposite party no. 2 are neighbours. There are two small plots of land between the houses of the petitioner and the opposite party. The land which is next to the boundary, of the petitioner is not recorded in the name of any persons, whereas, the land which is on the boundary of the opposite party no. 2 belongs to him. This matter had come to the Court earlier and it was remanded with the direction to allow the petitioner to lead evidence and to adduce documentary evidence. In any event now that there is a finding that the land on which the alleged problem is created is a parti land which does 2 not belong to either party it would be proper for the Sub-Divisional Officer to solve this problem by ensuring that the sewage connection/water which is being let out from the house of the petitioner is properly managed and does not disturb the opposite party in any manner instead of allowing this matter to continue for the past 25 years. I am passing this order without hearing the other side in view of the directions I am going to make in the case. The petitioner should appear before the Sub-Divisional officer and file a petition that he would be making proper arrangements for drainage of the sewage in a manner which would not disturb on the land of the opposite party no. 2. The opposite party no. 2 should be noticed and be given an opportunity to ensure that his land is not disturbed by connection of the sewage pipe/septic tank. The Sub-Divisional Officer/Magistrate may take the help of any officer of the Government/Police Officer in order to ensure that proper sewage line/septic tank is installed. For this purpose the Sub-divisional Officer, Danapur may appoint a responsible person to inspect the premises in presence of both the parties. The impugned order by which warrant of arrest has been issued to the petitioner in view of the fact that he was to execute a bond of Rs. 5,000/- for one year shall remain stayed until the petitioner with the help of the Sub-Divisional Officer, Danapur complies with the order of this court. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)