BHOOLA NATH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Arvind Kumar, learned counsel for the applicant, Shri Ashok Kumar Pandey, learned counsel for the Opposite Party Nos. 3 and 4 and the learned AGA for the Opposite Party Nos. 1, 2 and 5.

(2.) By means of this application, the order dated 9 April 2018 passed by the Sub-Divisional Magistrate, Tehsil Handia, District Allahabad, (SDM) in Case No.25 of 1998 (Bhoola Nath Vs. Phool Chand & Ors.), filed under Section 145(1) of the Cr.P.C., has been challenged whereby the disputed property situated at Gata No.126 area 0-17-16 in Village Vikrampur, Tehsil-Handia, District Allahabad was directed to be released in favour of the opposite party nos.3 and 4 with a further direction that the possession of the opposite party nos.3 and 4 over the property should not be disturbed.

(3.) In the affidavit filed in support of the application under section 482 of the Cr.P.C., it has been stated that in the year 1995, proceedings under Section 145 of Cr.P.C. were initiated by the applicant. The original owner of the plot, namely Bhagwati Prasad, had executed an unregistered mortgage-deed in favour of the applicant on 10 September 1984 and on that basis mutation proceedings were initiated in the year 1993 by the applicant but the application was rejected by the concerned Tehsildar by an order dated 31 March 1993. The applicant preferred an appeal which was allowed by an order dated 8 December 1993. The reference made by the Commissioner, Allahabad Division, Allahabad to the Board of Revenue on the application of the opposite party nos.3 and 4 was decided ex-parte against the opposite party nos.3 and 4 by an order dated 20 April 2004 and the restoration application was also rejected by an order dated 6 October 2010. The writ petition filed by the opposite party nos.3 and 4 was also dismissed by the Court on 20 December 2012 after observing that the rights of the parties can be determined in a declaratory suit. The opposite party nos.3 and 4 then instituted a declaratory suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 which was dismissed in default on 16 April 2015. It is stated that earlier a Receiver was appointed by the SDM exercising powers under Section 146(1) of the Cr.P.C. and by means of an order dated 3 January 2008, the possession of the disputed land was directed to be released in favour of the applicant. A criminal revision filed by the opposite party nos.3 and 4 came to be allowed and the order of the SDM dated 3 January 2008 was set aside and the matter was remanded.