RAM BACHAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The 1st party petitioner has preferred this revision application against the order dated 22.4.2002 passed by the learned Executive Magistrate, Sasaram in Case No. 1298 (M) of 1994 declaring the possession of the 2nd Party opposite parties over the land in question.

(2.) During pendency of this criminal revision application, petitioner Ram Bachan Dubey died and he has been substituted by his legal heirs. Opposite Party nos. 2, 3 and 5 also died and they have also been substituted by their legal heirs.

(3.) The case of the petitioner is that on the basis of police report a proceeding under Section 144 Cr.P.C. was initiated against the petitioner 1st party and opposite party no. 2 to 6 along with the father of opposite party no. 7 as second party. The dispute relates to a peace of land appertaining to Khata no. 691 bearing Plot No. 1106/3868 measuring 0.10 acre situated in village Kochas appertaining to cadastral survey Khata no. 311, Plot No. 625 which was produced by Sitaram Nonia and Tuni Nonia by registered deed on 30.5.1960. Besides getting other land, said Tuni Nonia got 1 Bigha, 8 dhurs of land appertaining to cadastral survey plot no. 625. He transferred three kathas out of the aforesaid cadastral plot allotted to his share for a sum of Rs.450 on 5.5.1964 by a registered deed in favour of Ram Bachan Dubey which was amalgamated with Plot No. 980 on the north. In the revisional survey a new plot was carved out bearing Khata No. 691 Plot No. 1106/ 3868 measuring 0.10 acre showing the exclusive possession of Ram Bachan Dubey petitioner (deceased). Subsequently, during the consolidation operation the final chak khatian in respect of the land in question stands in the name of the petitioner pursuant to the final order passed in Case No. 377/162 of 1982 under Section 10(2) of the Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (hereinafter referred to as the 'Consolidation Act') and Case No. 2/1993-94. The certificate of transfer in Form 17 was prepared, published and distributed in favour of the petitioner in respect of the land in question is conclusive proof of title in terms of Section 15 of the Consolidation Act which supersedes and replaces the revisional survey in terms of Section 16 of the same. The land in question is in possession of the petitioner since the date of purchase. All the revisional records including the order of mutation followed by issuance of rent receipts are in favour of the petitioner and he constructed three shops rooms where tenants used to carry on business of wooden materials. The petitioner got electrical connection in the year 1998. The petitioner's vendor had transferred other lands appertaining to same plot in favour of others who resumed Khas possession thereof. There was some dispute amongst purchasers and settles claiming their right in the plot which was a larger one measuring about 6 Bigahas which led to institution of Title Suit No. 29/33 of 1974-77 which was disposed of in terms of the compromise dated 24.1.1979 fortifying and holding the right title, interest and possession of the petitioner over the land purchased by him.