HANUMAN PRASAD AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS quashing petition is directed, against the order dated 21st April, 1997 passed by Sri RB. Pathak Executive Magistrate, Katihar, in Case No. 188(M) of 1994 under Section 145 of the Code 4/1/2013 Page 133 Vijay Kumar Pandey Versus State Of Bihar of Criminal Procedure (hereinafter to be referred to as 'the Code ').

(2.) THE case of the applicant before the Executive Magistrate was that Anup Kaur obtained a registered deed of gift from her maternal uncle Mukhchand Singh who was recorded tenant over plot No. 1275, having an area of 8 decimals. The consolidation authorities also recognised the right and title of Anup Kaur. Subsequently, other members of the first party before the Executive Magistrate, one of whom is the applicant here (Hanuman Prasad Agrawal) were purchasers of the suit plots from Anup Kaur and so they were claiming the disputed plot on the basis of that purchase from Anup Kaur. It was further admitted case of the parties that in the revisional survey record of right, Mukhchand Singh was shown as the recorded tenant and the concerned plot was shown in illegal possession of Jagdish Singh, husband of Anup Kaur. So it was claimed by the members of the first party before the Executive Magistrate that the first party was in possession of the disputed plot and the O.P. (O.P. before this Court), were unnecessarily putting obstacles over the disputed land held by the first party.

(3.) THE Executive Magistrate, after examining the documentary and the oral evidence, adduced by both the parties, declared that the members of the O.P; (respondents here) were in possession of the disputed land and so he directed the. first party (applicant here) to refrain from disturbing the peaceful possession of the O.P. Against this order, applicant Hanuman Prasad Agrawal, who is one of the members of the first party, has come to this Court.