RABINDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 15.7.2010 passed by the respondent no. 3 in Cr. Misc. No. 293/2010, whereby a proceeding under Section 144 Cr.P.C. has been converted into one under Section 145 Cr.P.C. by the Sub-Divisional Officer, Chapra at Saran (respondent no. 3).

(2.) It is the case of the petitioner that he had purchased one Kattha of land of Tauzi No. 8953, Old Holding No. 725, New Holding No. 681 under old Ward No. 18 and New Ward No. 22, Circle No. 16 under Chapra Municipal Corporation from Sri Baliram Prasad Chaurasia hrough a registered sale deed dated 29.6.2009 and upon such purchase, he was put in possession by his vendor. In due course the said piece of land was mutated in his name vide mutation no. 248/2009-2010, pursuant to which the petitioner has been paying rent to the State Government in respect of said land (Annexure-2). The petitioner has also been paying rent to the Chapra Nagar Parishad as evident from a receipt issued in his name (Annexure-3).

(3.) It is claimed that when the petitioner started construction on his land some dispute arose with one of the neighbours leading to initiation of proceeding under Section 144 Cr.P.C. on the basis of an enquiry report of the Circle Officer, Chapra Sadar Block (respondent no. 4). This proceeding instituted in the Court of Sub-Divisional Officer, Chapra Sadar (respondent no. 3) was later converted into a proceeding 145 Cr.P.C. by the order dated 15.7.2010 impugned herein (Annexure-8).