SHAHID ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) None appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. On earlier occasion on 7.10.2010 also, none had appeared on behalf of the petitioners. However, the case was adjourned and directed to be listed in the 2nd week of November, 2010 with an indication that if on the next occasion, no one appears on behalf of the petitioners to press this petition, the case shall be decided on the basis of materials available on the record of the case even in absence of the petitioners.

(2.) I have perused the impugned order dated 12.12.2000 passed by Sub Divisional Magistrate, Banka in Case No.638 of 2000. It appears that earlier in relation to the land in question, a proceeding under Section 144 of the Code of Criminal Procedure was initiated and it was noticed that either of the parties were not in a position to satisfy the court regarding right and title over the land in question and as such the proceeding was converted into one under Section 145 of the Code of Criminal Procedure and keeping in view the apprehension of breach of peace in between the parties, the court also appointed Circle Officer, Shambhuganj as receiver under Section 145 (8) of the Code of Criminal Procedure. After going through the materials available on the record including the impugned order, the court is satisfied that the learned Magistrate has rightly passed the order.

(3.) There is no merit in the present petition and the petition stands rejected.