OM PRAKASH, J.

1. On a police report a proceeding under Section 144, Cr. P. C was initiated by Sub-divisional Officer, Buxar on 11-7-1990 giving rise to case No. 705 (M) of 1990 in respect of a portion of plot No. 1034 situated in village Raghunathpur, police station Brahmpur, District Bhojpur. After perusing the show cause and hearing the parties, the Sub-divisional Officer passed a final order dated 3-9-1990 making the rule absolute against the second party i.e. the petitioner. On 15-9-1990 Respondent No. 5 filed a petition before the Sub-divisional Officer for a direction to Brahmpur police to give protection to him in making construction over the said land. Brahmpur police also prayed before the Sub-divisional Officer on 18-9-1990 for deputation of a Magistrate so that the Respondent No. 5 may complete his boundary wall with the police assistance on 18-9-1990 itself petitioner filed a petition before the Sub-divisional Officer praying for not to take any action before the decision in the Criminal Revision preferred by him against the order dated 3-9-1990. But on 5-11-1990 .Sub-divisional Officer deputed Block Development Officer as Magistrate to accompany the police to