RAMDEO SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application, the order dated 2-12-1985 has been challenged by which a proceeding under Section 144 of the Code of Criminal Procedure was converted into a proceeding under Section 145 of the Code of Criminal Procedure, in respect of the disputed land.

(2.) IT was submitted that it is admitted position in this case the opposite party No. 2 had tiled. Title Suit No. 33 of 1979 which is pending before the Additional Subordinate Judge, Daltonganj and, therefore, the conversion of the proceeding, when the title suit in respect of the same land is pending, should be held to be illegal.

(3.) HEARD the counsel for the petitioner, opposite party No. 2 and also the State.