KALINDI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Having beard learned counsel for the petitioner, this application is being disposed of finally at the admission stage itself.

(2.) It appears that in the year 1979, a proceeding under Section 144. Cr. P. C, was drawn up lespecti'ng certait land as detailed in Annexure-1 which was subsequently converted into one under Section 145. Cr. P. C. Pursuant to that, notice was issued to the parties to show cause. While the matter was pending before the Magistrate and the parties who were to adduce evidence in support of their respective claim, a suit was filed in the year 1984 in the Court of Subordinate Judge, Patna and accordingly a prayer was made by the petitioner before the Magistrate for dropping it which he declined to do Thereafter, in the year 199! a recision application was filed against that order, which was also decided against her.

(3.) The subject matter of dispute appears to he a piece of land which according to one of the parties i. e. the opposite party, was allotted to them by the Housing Board. I am, however, not concerned at this stage about the legality or otherwise of the said Allotment. The question is whether the proceeding ia fit to be dropped, in view of a decision of this Court relied upon by the petitioner reported ia 1991 (1) BLJR35 : 1991 (1) BLJ 25, Ram Chandra Rai and others v State of Bihar and others. Learned counsel for the petitioner submits that in ths said decision it has been observed that if there is no substantial progress ia a proceeding under Section 145, Cr. P. C. even after a period of seven years, it should be deemed to have been dropped and, therefore, the laarned Magistrate should have dropped it on this ground or on account of filing of a soil.