RAMKUMAR SAHU Vs. RAMKISHOR DUBEY

JUDGEMENT

(1.) The present petition has been preferred by the petitioners seeking to invoke extra ordinary jurisdiction of this court conferred under Sec. 482 CrPC assailing the order passed by the Sub Divisional Magistrate, Janjgir (for short, SDM) dtd. 6/9/2013 in Misc. Criminal Case No.86/2005-06. Vide the said order, the SDM in a proceeding under Sec. 145 CrPC had ordered that the disputed property was in possession of the applicant before the SDM i.e. respondents in the present petition.

(2.) The petitioners have also assailed the order passed by the Additional Sessions Judge (FTC), Janjgir in Criminal Revision No.01/2014 dtd. 14/5/2015 whereby the revisional court has rejected the revision petition upholding the order of SDM declaring the property to be in possession of the respondents in the present petition.

(3.) Assailing the two orders passed by the SDM as well as the revisional court, learned counsel appearing for the petitioners submitted that the father of the present petitioners Ganesh Ram was an Army man working with the Mahar Regiment of Indian Army and served till his retirement. After his retirement, he had made an application for allotment of land and he got Patta of land bearing Khasra No.942/2 area measuring 2.2 Acres in Village Sonsari, Circle and Tehsil Akaltara, District Janjgir Champa in the year 1954. It is said that Ganesh Ram, the father of the petitioners, died in the year, 1961 and thereafter the said property was recorded in the name of his wife namely Bund Kumari Sahu. Bund Kumari Sahu also died leading to entry of said land in the joint names of their three legal heirs namely Gorelal, Vikramlal and Tatiram. In due course of time, Gorelal also died and is legal heir Ram Kumar i.e. petitioner No.1's name was recorded.