JITAN TIWARI Vs. MANAN SINGH

JUDGEMENT

(1.) The petitioner has moved this court for quashing the order dated the 11th February, 1970, passed by the Sub -Divisional Magistrate, Buxar, in a proceeding under Sec. 145 of the Code of Criminal Procedure (hereinafter referred to as the "Code"). By this order the Magistrate directed issue of distress warrant for realisation of the arrear of bid money amounting to Rs. 41,000/ - from the petitioner. The relevant facts are these. There was a proceeding under Sec. 145 of the Code in respect of about 400 bighas of lands situated in village Ekdar Diara, within Brahampur Police Station, in the district of Sahabad. An auction was held on the 25th March, 1969 for settling the disputed land with the highest bidder. The disputed land was settled for Rs. 55,000/ - with the petitioner as he was the highest bidder. The petitioner deposited Rs. 14,000/ -, being the one -fourth of the bid money, on 25.3.1969 and he was directed to deposit the balance of the amount by the 7th April, 1969. Thereafter the crop was grown on the disputed land by the petitioner, as is clear from Annexure "I" attached to the application filed by the petitioner before this court. Annexure "I" is the copy of the petition filed by the petitioner before the court below. In this petition the petitioner had alleged that rabbi crops were grown by him but the same were cut away and looted by the members of the first and second parties from a major portion of the disputed land. On this allegation it was urged on behalf of the petitioner before the Magistrate that the petitioner was not entitled to deposit the arrear bid money. This argument was rejected by the Magistrate by the impugned order. In this connection it is relevant to note that Shri G.P. Singh, Magistrate, had been deputed with armed force to help the settlee (the petitioner) in harvesting the crops and in his presence the settlee had peacefully harvested the standing crops. In this view of the matter, the Magistrate directed to issue a distress warrant for the realisation of the arrear bid money amounting to Rs. 41,000/ - from the petitioner.

(2.) Learned counsel for the petitioner, on the basis of Division Bench decision of this court in Kishori Prasad V. Chhota Rameshwar Gope and others (1970 B.L.J.R. 376), urged that the Magistrate was not entitled to issue distress warrant under the code for the realisation of the balance of the bid money. In that case the auction was held on the 14th July 1966 and the highest bidder deposited Rs. 9,250/ -, being one -fourth of the bid money, and the balance was to be deposited on the next date. In that case the petitioner did not deposit the balance of the bid money (Rs. 27,750/ -) on the date fixed. In that case no parwana was issued to him nor was he directed to take possession of the land. On the 30th July 1966, the petitioner in that case filed an application before the Magistrate for reduction of the bid money and to refund the sum of Rs. 9,250/ - already deposited and to cancel his bid. In that case it was held that the application of the petitioner was premature as the Magistrate had not taken any step for the realisation of the balance of the bid money.

(3.) In my opinion, the decision of the Division Bench does not apply to the facts of the present case. In the instant case, the auction was held and the petitioner had deposited one -fourth of the bid money. He had also grown the crop and had harvested the same from disputed land. But even after harvesting the crop, the petitioner did not care to deposit the balance of the bid money. In these circumstances, the Magistrate was justified in issuing distress warrant as he was competent to do so under Sec. 145(8) read with Sec. 547 of the code.