AYODHYA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Twelve petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 24.8.2005 passed in Cr. Revision No.207 of 2004 by the Additional Sessions Judge XII, Patna. By the said order, the learned Additional Sessions Judge has rejected the revision petition filed by the petitioners whereby the revisional court has affirmed the order of the learned Executive Magistrate, Sadar, Patna in Case No.590(M) of 2001 and dropped the proceeding initiated under Section 145 of the Code of Criminal Procedure.

(2.) Short fact of the case is that the petitioners are raiyats of Tauzi No.73, Mauza Chak Amanat Chak Dayanat, Diara; Dujra, Block No.2, Revenue Thana No.139, presently Budha Colony Police Station, Sadar Anchal, District Patna, which are recorded in survey records of right and they are descendants and they were in possession of the land in question as claimed by the petitioners. It has further been asserted that due to alluvian and diluvian in the river Ganga the parts of the respective lands of the petitioners merged in the river Ganga, but later on towards south of the respective lands of the petitioners came out of water from Ganga river and thereafter, the petitioners were in peaceful possession over the land in question. However, it was alleged that the opposite parties without any right and title over the land in question started creating trouble in respect of cultivation of the land by the petitioners. It was alleged that while the land was measured by Amin in presence of Circle Officer, the opposite parties never appeared, but they started claiming right and title over the land in question and started creating hindrance in cultivating the land by the petitioners.

(3.) After noticing apprehension of breech of peace, the petitioners filed a petition before Sub Divisional Magistrate, Sadar, Patna, which was numbered as Case No.590(M) of 2001 for initiating proceeding under Section 144 of the Code of Criminal Procedure with respect to Diara land, which had come out of water on the adjacent south of Ganga. The said proceeding was subsequently converted to a proceeding under Section 145 of the Code of Criminal Procedure. However, aggrieved with the order of conversion, the opposite parties filed a revision vide Cr. Revision No.214 of 2002 before the learned Additional District and Sessions Judge XII, Patna vide Cr. Revision No.214 of 2002. The petitioners have brought on record the order dated 20.1.2003 passed by the District and Sessions Judge, Patna in Cr. Revision No.214 of 2002. The learned Additional Sessions Judge -XII, after examining the matter, has rejected the revision petition. Subsequently, the opposite parties appeared before the Executive Magistrate in Case No.590 (M) of 2001 and filed a written statement stating therein that a Title Suit No.20 of 1995 was pending in the court of Sub Judge -VII, Patna in respect of the land in question. After filing the said written statement, the learned Executive Magistrate, by its order dated 20.12.2003, dropped the proceeding, which was initiated in Misc. Case No.590 (M) of 2001. Aggrieved with the order of dropping of the proceeding under Section 145 of the Code of Criminal Procedure, by order dated 20.12.2003 passed by Executive Magistrate, the petitioners filed a revision petition vide Cr. Revision No.207 of 2004. The learned Additional Sessions Judge -XII, after hearing the parties and considering the fact that a title suit was already pending in respect of the land in question, he dismissed the revision petition and affirmed the order dated 220.12.2003 passed by Executive Magistrate in Case No.590 (M) of 2001.