NARESH YADAV Vs. AWADHESH SHARMA

JUDGEMENT

(1.) The point raised in this application is whether the Sub-Divisional Magistrate, before whom the proceeding had been laid by the Sarpanch under section 64(2) of the Bihar Panchayat Raj Act, 1947 hereinafter referred to as 'the Act') may either confirm the order or discharge the notice after hearing the parties to the dispute, or the Sub-Divisional Magistrate may convert the proceeding under section 145 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') and may dispose it of accordingly.

(2.) The Sarpanch of Suni Gram Panchayat on getting information of imminent breach of the peace over plot nos. 643, 644 and 645 under khata No. 223/76 measuring 9 acres 3 decimals in village Supi under Makhdumpur police station in the district of Gaya, took action under section 64 of the Act and by written order stating material facts of the case, directed the litigating parties to abstain from going over the lands in question.

(3.) In view of the order, which I propose to pass, it is not necessary to give any detail of the facts of the case. The petitioners are claiming possession over the disputed plots for over twenty to twenty-five years by virtue of settlement made by old Mahanth, namely, Gajadhar Giri. The settlement was made in favour of petitioner nos. 1, 17, 19 to 21 and they having come in possession over the lands are making payment of rents in respect of the lands in question; whereas respondents 1 to 4, are claiming the lands by virtue of 12 sale deeds made in their favour from respondent no. 5 Kalyan Giri, a Chela and successor of Mahanta Chandra Shekhar Giri who had the authority to make transaction and execute sale-deeds in respect of the lands in question.