MANGAL CHAND CHAINWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner, by the present application has challenged the order dated 14th of September, 2005 passed by the Sub Divisional Magistrate, Forbesganj whereby Opposite Party No. 2 has been held to be in peaceful possession over the plot in question. A further challenge has been put up to the order dated 27th of November, 2007 passed by the learned Ist Additional Sessions Judge, Araria in Criminal Revisional No. 64/442 of 2005. by which the revisional application has been preferred on behalf of the petitioner stood dismissed.

(2.) THE claim of the petitioner is that he got the concerned plot of land because of such property having been devolved upon him on the death of the purchaser of the property. However, in the Khatiyan, some mistake crept in. A title suit, therefore, was filed on behalf of the petitioner for making corrections in the Khatian. However, because of the dispute arising out of the mistake in the Khatian, there was an apprehension of breach of peace. Finding that tension prevailed over the possession of the land in question, a proceeding under Section 107 of the Cr.P.C. was initiated primarily on the basis of a police report. Simultaneously, a separate proceeding was initiated under Section 144 of the Cr.P.C. between the parties. During the pendency of Section 144 proceeding, it is stated, on behalf of the petitioner, the opposite party no. 2 erected a wall and also proceeded with demolishing the construction made by the petitioner, despite the prohibitory orders of the Court.

(3.) IT appears that thereafter, an application was preferred on behalf of the petitioner for converting the 107 proceeding into one under Section 145 for determination of possession, which prayer was rejected by the Court below. However, this Court vide order dated 6th of December, 2011 (as contained in Annexure - 4, Cr.Misc. No. 30633 of 2000) granted a liberty to the petitioner that if the circumstances justify, then a fresh application could be filed before the appropriate authority for initiating a proceeding under Section 145 of the Code of Criminal Procedure.