SUSHILA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned, counsel for the petitioner, learned counsel for the State, learned counsel for the settlee respondent no. 6 and also learned counsel for the intervenor.

(2.) THE intervenor as well as respondent no. 6 claim certain rights which are based upon the right and title of the State and are in any case controlled by the present judgment and decree of the civil court contained in annexure -1. The said judgment and decree in favour of the petitioner has been made the basis for filing of this writ petition wherein the petitioner contends that after losing the dispute of title and possession in the civil court, the State or its authorities again resorted to administrative orders or even proceeding u/s 145 Cr.P.C. to get rid of the effect of civil court 'sjudgment and decree.

(3.) THE rule of law requires that the State or its authorities must honour the judgment and decree of the civil court till they are able to get it set aside or modified by the appropriate court or higher courts in accordance with law. Accordingly, this Court finds the order issued by the circle officer as contained in annexure -3 whereby the process of settlement by open bid was initiated with regard to land covered by the judgment and decree of the civil court to be bad in law and the same is therefore quashed. Further order by Sub Divisional Magistrate dated 22.8.2000 as contained in annexure -8 is also an apparent attempt to overcome the judgment and decree of the civil court specially with regard to possession. For the said reason the impugned order as contained in annexure -8 is also hereby quashed. The entire proceeding u/s 145 Cr.P.C. is also quashed and hence any order of appointment of Receiver etc. passed in such proceeding must be deemed to have been vacated.