TAMESHWAR SAHU Vs. DURPATI BAI

JUDGEMENT

(1.) Present petition is against the order dtd. 21/12/2021 (Annexure-P/6) passed by the Third Additional Sessions Judge, Balodabazar, in Cr. Rev.No.52/21 whereby the order of the Sub Divisional Magistrate (SDM), Balodabazar dtd. 12/11/2021 (Anneuxre-P/5) passed under Sec. 146 (1) Cr.P.C. has been affirmed.

(2.) Brief facts of this case are that the petitioner No.1 is claiming himself as bhumiswami of land bearing khasra No.206/54 area 0.162 hectares and khasra No.206/58 area 0.186 hectares, total area admeasuring 0.348 hectares. Likewise, the petitioners No.2 and 3 are also claiming themselves as bhumiswami of land bearing khasra No.273/14 area 1.618 hectares. With regard to their respective claim, the petitioners rely on Form B-1 kistband katoni [year 2019-20] {Annexure-P/1).

(3.) To consider the said claim of the petitioners, the SDM vide its memo dtd. 20/10/2021 (Annexure-P/3) directed the Tahsildar-cum-Executive Magistrate, Palari and Station House Officer, Police Station Gidhpuri to submit the enquiry report. In compliance of the same, it was reported that prior to two months of incident the petitioners were in possession of the subject land. In the meanwhile, the petitioner Tameshwar Sahu filed a civil suit bearing No.54-A/2021 and the petitioners Maniram and Nemichand filed a civil suit bearing No.55-A/2021 for declaration of title against the respondents. In the said suits, status quo order was passed on 14/12/2021 (Annexure-P/4). Subsequently, on 12/11/2021 (Annexure-P/5) the SDM has passed the order that since there is a dispute with respect to possession and chance of breach of peace, the crop/paddy was directed to be kept under the custody of Kotwar.