RAM NARAYAN GOSWAMI Vs. BISWANATH GOSWAMI

JUDGEMENT

(1.) This Rule was issued upon the District Magistrate, Burdwan, and the opposite party to show cause why an order passed under Section 145 of the Code of Criminal Procedure declaring the first party to be in possession of certain plot of land should not be set aside.

(2.) It appears that the disputed land belonged to the deity Sree Madan Gopal Jiu of which the petitioners (second party in the proceedings) and the father of the first party (opposite party in this rule) are the shebaits. The opposite party claimed to be in possession of the disputed land as tenant under the deity represented by the shebaits while the petitioners contended that the disputed lands were the khas lands of the said deity and were in actual possession of the bargadars of the deity.

(3.) A point was taken that the petitioners did not claim actual possession of all the disputed lands which they stated were in the actual possession of the bargadars of the deity and hence on the admission of the petitioners the learned Magistrate had no jurisdiction to initiate any proceedings under Section 145 of the Code of Criminal Procedure. In the proceedings the second party disputed the above point and asserted that they claimed possession in respect of the disputed lands as shebaits of the deity.