ANIRUDH SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present revision application arises out of the order, dtd. 26/7/2017, passed, in Case No. 236 of 2014, by the Sub Divisional Magistrate, Sheohar, whereby a proceeding, under Sec. 146 (1) of the Code of Criminal Procedure, for attachment has been initiated and the Circle Officer, Piprahi, has been appointed as receiver of plot no. 8089, having an area of 16 decimals and plot no. 8090, having an area of 14 decimals, situated in village Ambakala Tola, Nayagaon, Police Station Piprahi, in the district of Sheohar.

(2.) The brief facts, giving rise to the present revision application, is that on 8/7/2014, the Opposite Party No. 2 filed an application in the Court of Sub Divisional Magistrate, Sheohar, for initiation of a proceeding under Sec. 144 of the Code of Criminal Procedure against the petitioner and his family members, claiming that they have dug a ditch upon plot no. 8088, khesra no. 1620, over which the Opposite Party No. 2 is having possession and has been living peacefully. The area of plot no. 8088, in question is 12.5 decimals. The said case was registered as Case No. 236 of 2014 and notices were issued to the petitioners and others on 10/7/2014. The Opposite Party no. 2, on 11/8/2014, filed a petition, stating therein that adjacent to the disputed land, i.e. plot no. 8088, there is land of the petitioners, bearing plot nos. 8089 and 8090, in which the petitioners have dug a ditch. Therefore, now, plot nos. 8088 and 8090 became disputed. Accordingly, the Opposite Party No. 2 prayed to convert the proceeding under Sec. 145 of the Code of Criminal Procedure.

(3.) The petitioners filed their show cause on 21/8/2014, stating that the correction of wrong entry of 4.5 decimals of land, in plot no. 8088, in the revisional survey has been made in Case No. 09 of 1981 by the Consolidation Officer, Piprahi, and after correction, 4.5 decimals of land came in plot no. 8090 from plot no. 8088, by order, dtd. 13/11/1981 (Annexure 3). The said land is in the share of the petitioners, as per the partition deed, dtd. 8/5/1956.