MANJULA BAI & OTHERS Vs. BHAGAT & ANOTHER

JUDGEMENT

(1.) This petition has been preferred under section 482 of the Cr.P.C against the impugned order dated 04/02/2016 passed by IIIrd Additional Session Judge, Burhanpur in Criminal Revision No. 09/2016 reverting the order dated 20/01/2016 passed by the SDM, Burhanpur in Criminal Case No. 03/2013 under section 145 of Cr.P.C directing the respondent no.2 to deliver the possession of the disputed land to the applicants.

(2.) In this case it is admitted fact that the disputed land bearing Survey No.506/2 Area 2-230 hectare was purchased by the applicant no.1 by registered sale deed on 13/02/1991. Thereafter the respondent no.1 being near relative of the applicant no.1 and 2 were doing agricultural work till 2011 and in the year 2012 land was given on lease to respondent no.1 and respondent no.1 was in possession.

(3.) In brief, relevant facts of the case are that on behalf of the applicants against the respondent no.1 an application under section 145 of Cr.P.C was filed before the SDM, Burhanpur alleging that on the aforesaid land they are in possession. As per the contract the respondent no.1 did not give the share of produce. Therefore, possession was taken from him and land was given on lease to the applicant no.3 and 4 and the respondent no.1 as became enemy and consistently obstructing the cultivation activities and intending to commit breach of peace and on 16/06/2013 physically assaulted family members of the applicants. The application is Annexure A/1. The learned SDM Burhanpur took cognizance on the application and passed preliminary order under section 145 of Cr.P.C on 23/01/2014 and issued notice to appear to produce material to prove their possession on the disputed land. On 13/02/2014 on behalf of the applicants in response to the preliminary order an application (Annexure A3) was filed before the SDM Burhanpur stating that after filing of the application under section 145 of Cr.P.C on 20/09/2013, the respondent dispossessed the applicants forcefully from the land. Hence their possession be restored. Thereafter learned SDM giving opportunity of hearing to both parties passed final order dated 20/01/2016 and relevant part of the finding of the learned SDM is as under:-