NAGENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) Cr. Misc. No. 11341 of 2001 has been filed challenging the orders dated 29.12.2000 passed by the Sub Divisional Officer, Sitamarhi Sadar in Case No. P 776/ 2000 in an application filed under Section 147 of the Code of Criminal Procedure and the order dated 27.02.2001 passed by the Sessions Judge, Sitamarhi in Criminal Revision No. 10 of 2001. Cr. W.J.C. No. 204 of 2001 has been filed for providing the Petitioner adequate securities for construction of boundary wall etc.

(3.) The Petitioner has filed Cri. Misc. No. 11341 of 2001 claiming that a plot of land measuring 11 ft. x 136 ft., 31/2 decimals appertaining to Khata No. 46, plot No. 888, situated in mohalla Rajopatti is being utilized by the villagers as a road. On receiving the application, the Sub Divisional Officer asked for a report from the Police Officers as envisaged under Section 147 of the Code of Criminal Procedure and also the Circle Officer, Dumra, Sitamarhi. he Officer-in-charge vide memo No. 296 dated 23.07.2000 and the Circle officer, Dumra vide letter No. 423 dated 24.07.2000 have reported that the lands in question are recorded in the name of the wife of Opposite Party No. 2, namely, Ram Sakhi Devi and are in her possession. The report also indicates that on the east side, the Petitioner has assess to the main road. Similarly, it is said that there is a second road going from the house of the Petitioner south of the mohalla, which is just adjacent to plot No. 887. Thus, both the authorities have reported that the Petitioner has assess to the roads from two sides and, therefore, the land which has been left parti by Opposite Party No. 2 cannot be declared to be a road and the Petitioner cannot be permitted to create hindrance in the peaceful possession of Opposite Party No. 2.