NAGENDRA PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In brief petitioner filed a complaint on 23.03.2001 vide Misc. Case No. 136 of 2001 before the S.D.J.M., Dumraon, Buxar stating therein that Opposite Party Nos. 4 to 10 had entered his orchard bearing its Khata No. 44, Plot No. 1763 and Area 0.15 decimal in Mouja Athar. For the orchard, it is said that petitioner was its owner in possession from the time of his ancestor but he was threatened to vacate the same immediately consequences of failure shooting. He was slapped. A gun was pointed on his temporal reason and katta and bhala were shown, but anyhow petitioner succeeded to save his life. Further, it was complained that Opposite Nos. 4 to 10 on strength of deadly weapons came in possession over orchard in question.

(2.) Three reliefs were sought. First restoration of petitioner's possession over the disputed land, second Nawanagar P.S. Office-in-Charge be ordered to lodge an F.I.R. and third to compensate the petitioner with damages after assessing the same. After hearing the parties, B.D.O., Nawanagar was directed to give appropriate relief to the petitioner in assistance with Officer-in-Charge P.S. Nawanagar.

(3.) Record remained pending awaiting compliance of the direction given to B.D.O. Nawanagar. In the meantime, a petition was filed on behalf of the Opposite Party Nos. 4 to 10 to review the order. That is allowed also and parties were directed to approach the competent Civil Court for having appropriate relief for their grievances. It is pertinent to mention here that while deciding this review petition documents relating to right, title and possession of the parties over the disputed land is given in detail but needs no repercussion as legal point/maintainability is involved in passing both the orders.