MUNDRIKA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE dispute arises only with respect to certain part of the observations of the 2nd Additional Sessions Judge, Aurangabad in the order dated 30.06.1999 passed in Criminal Revision Case No. 171 of 1994/47 of 1995. THE petitioner claims 36 decimals of land, whereas the Opposite Parties claim 62' decimals of land. THE allotment of area of land of both the petitioner and the Opposite Parties has been left undisturbed, both by the Judicial Magistrate and the Revisional Court. However, it appears that some sort of clout has been cast over the lands of the petitioner inasmuch as someone has objected in the allotment on the ground that a public road runs through the land of the petitioner. THE question whether the public road runs through the 36 decimals of land belonging to the petitioner or is part of 62' decimals of land belonging to the Opposite Party has not to be determined by the 2nd Additional Sessions Judge, Aurangabad on the ground that it does not come within the purview of Section 145 of the Code of Criminal Procedure. In the result, it appears that both the Courts have declared the possession of the petitioner over 36 decimals of land of plot no. 7410, khata no. 1045 in village Ketaki, Police Station Deo, district Aurangabad and as such, the impugned order does not require interference of this Court. This application is disposed of with the aforesaid observations.