BHAGWATI PRASAD Vs. ADDL COLLECTOR GYANPUR VARANASI

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard the counsel for the parties.

(2.) THE dispute in this petition relates to the cancellation of leases of land belonging to the Bhudan Yagna Committee situate in village Ghamahapur, Magaini Dixitpur, Jodabari and Udai Karanpur.

(3.) IT is submitted that one Ram Nath Singh and Doodh Nath Chaturvedi were the organisers and distributors of the land of Bhudan Samiti. Sri Ram Nath Singh manipulated a Patta dated 12-5- 1968 in favour of his relation Ramesh Singh whereas Ramesh Singh did not belong to the village Ghamahapur and even he did not belong to Gyanpur Tehsil and the land could not be allotted to him. Consequently, a dispute started over the possession of some of the plots and proceedings were initiated under Section 145 Cr. P. C. However, the Sub-Divisional Magistrate Gyanpur was unable to decide as to which party was in possession as such he made a reference under Section 146 Cr. P. C.