SAKALDEEP SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite parties.

(2.) THE primary challenge in these two revision petitions is to conversion of a proceeding under section 144 into a proceeding under section 145 CrPC and also to attachment of the disputed lands under section 146 CrPC. From the materials on record it appears that there is bonafide land dispute between the parties arising mainly for the reason that according to one branch, the vendor of the petitioners has sold in excess of his share and over such portion neither the vendor nor the petitioners were ever in possession. There is a police report to show tension between the parties on the right to cultivate the land.

(3.) ON behalf of the petitioners it has been shown that over some areas of land Consolidation authorities have already accepted the title and possession of the petitioner. These orders may be shown by the petitioners before the Magistrate through their show cause and it is expected that the Magistrate shall decide all such claims in accordance with law. Learned counsel for the opposite party has very fairly submitted that the proceeding may be directed to be decided expeditiously. Since the land is under attachment on account of tension between the parties hence, it will be in the interest of alt the parties that the proceeding is decided expeditiously. The Magistrate is accordingly directed to decide the proceeding as early as possible and preferably within six months.