PRABHU NARAYAN SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed on behalf of petitioners for quashing the judgment and order dtd. 4/5/2022 passed by Additional Sessions Judge / Special Judge (Anti Corruption Act) Court No. 1, Varanasi in Criminal Revision No. 257 of 2018 and impugned order dtd. 29/9/2018 passed by Sub Divisional Magistrate, Pindra, District Varanasi in Case No. 5/5/6/7/11/2012 (Lilawati Devi vs. Prabhu Narayan Singh) by which disputed land was released in favour of private respondents.

(2.) Brief facts of the case are that the mother of respondent nos. 2 to 5 namely Lilawati had purchased 1.77 acer land of Arazi No. 726 situated at Mauja Jathi, Police Station Phoolpur, District Varanasi through registered sale deed dtd. 24/4/2000 from Sabhajeet Singh on sale consideration of Rs.3,42,000.00. Smt. Lilawati has applied mutation under Sec. 34 of Land Revenue Act in the court of Tehsildar, Pindra which was registered as Case No. 417/74/1235 of 2000. The name of Lilawati was mutated on 8/9/2005 and the appeal preferred by the petitioners against the order of mutation dtd. 8/9/2005 was also dismissed on 10/6/2008. Smt. Lilawati had moved an application under Sec. 145 Cr.P.C. with the allegation that the opposite parties/petitioners herein are interfering in the peaceful possession and they may be restrained not to cut Arhar crops and the police protection be provided to the applicant for cutting the crops.

(3.) Sub Divisional Magistrate, Pindra, Varanasi had called upon a report from Police Chowki Sindhaura, Police Station Phoolpur, District Varanasi and on relying the police report had issued notices to both the parties to adduce evidence regarding possession, vide order dtd. 15/4/2005. The order of attachment under Sec. 146 Cr.P.C. was also passed attaching the crops standing on the disputed land and the SHO, Phoolpur was directed to handover the possession of land as well as crops to any independent person and also submit report.