RAM EKBAL SHARMA Vs. BHAGWAN PASWAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 14.3.1989 passed by the Sub-Divisional Magistrate, Jehanabad, in case No. 66M/ 89, by which the learned Magistrate has initiated a proceeding under Section 145 of the Code of Criminal Procedure (in short 'the Code') only for area 1.07 acres in stead of total area of 2.50 acres in the disputed plot No. 778, Khata No. 131 of village Aira, P.S. Sakurabad, District Jehanabad.

(2.) It appears that there was apprehension of breach of peace for the above mentioned plots and on the police report a proceeding under Section 144 of the Code was initiated which was subsequently dropped on technical ground. Thereafter, again for forceful occupation of above mentioned land there was dispute between the parties. The petitioners filed a petition before' the Sub-Divisional Magistrate for initiation of fresh proceeding under Section 144 of the Code and subsequently, a proceeding was initiated on 16.1.1989. Both the parties were asked to submit show cause. According to show cause filed by the petitioners, their claim over the land is that they and other villagers got 2 acres of land out of total area of 2.50 acres of this plot and got settled by ex-landlord more than 12 years before vesting of Jamindari. They were using the aforesaid land for Khalihan and also for cultivation and since then they were in possession over the land. The remaining 50 decimals of land, which was Parti, was donated by exlandlord for running a primary school, later on which became a Govt. School. In that portion of plot, there was a school building and the rest land was used by the school for playing ground, etc. According to petitioners, from 2 acres of land, which was settled to them, 37 decimals land was used as road by the villagers since the time immemorial. The petitioners and other settlees of the aforesaid land donated the land to proposed Swami Basudevacharya, Nagendra Sanskrit school in the year 1983 with the condition that the land will be reverted back to the donor, if the school is not opened. Unfortunately, the school could not be opened and the land remained in possession of the petitioners. Again in the year 1987 by a registered deed of gift the land was donated for opening a High School and with public donation two rooms for the school were constructed. The petitioners and other members of the Committee were looking after the affairs of the school. As such, there was no land left for settlement with the landless persons whereas according to the opposite party 1st set, they were landless Harijans and the petitioners were ex-landlords themselves. The petitioners were wrongly claiming their possession over the land. According to them, no primary school is situated over the disputed land and no other school is being ran on that land. According to them, there was surplus land to be distributed among the landless. It is also/ claimed that some lands had already been settled in favour of some of the members of the opposite party 1st set. The petitioners also submitted land receipts in respect of 1.07 decimals of land of disputed plot No. 778.

(3.) The learned Magistrate on appreciation of show cause filed by both the parties and after hearing the parties ordered for initiation of proceeding under Section 145 of the Code in respect of 1.07 acres of land only, out of total area of 2.50 acres of land of plot No. 778 in Khata No, 131. The learned Magistrate in his order under Section 144 of the Code has also mentioned that the Circle Officer should give his proposal for distribution of remaining area of the land with the landless Harijans.