AJAY MEHTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

(2.) The petitioner has filed the instant writ petition praying for issuance of writ in the nature of certiorari or any other appropriate writ quashing/setting aside the First Information Report of Civil Lines P.S. Case No. 178 of 2020 registered against him under Ss. 420, 467, 468 and 471 of the Indian Penal Code.

(3.) It is alleged by the petitioner that he became the owner of a piece and parcel of land comprising in Cadastral Survey Khata No.67, Plot No.17, Mauja-Silaunja, Revenue Thana No.442 within police Station Bodh Gaya in the District of Gaya by way of inheritance from his ancestors. According to the petitioner, his grandfather took settlement of land measuring 22.50 acres in C.S. Plot No.17, C.S. Khata No.67 of Village-Silaunja from the Superior Landlord and Intermediary Mahanth Kishan Dayal Giri. Subsequently, the said land was partitioned between the petitioner and his father and the petitioner became absolute owner of 19.50 acres of land in respect of the aforesaid plot. Further, case of the petitioner is that his ancestors used to pay rent to the Jamindar who settled the land in favour of his grandfather against Jamindari rent receipts. After abolition of jamindari system and vesting of jamandari rights the grandfather of the plaintiff mutated his name in the Anchal Office and he used to pay rent to the Government in respect of the said land. The petitioner alleges that during revisional survey the land was wrongly recorded in the name of the State of Bihar. Sometimes, in the year 1984 when the title of the petitioner remained under cloud, he filed Title Suit No.113 of 2008 which was renumbered as T.S. No.88 of 2008 in the Court of the learned Sub-Judge, Gaya for declaration of his right and title over the disputed property. The said suit was decreed on contest by a judgement and decree dtd. 22/12/2011 and 24/1/2012 respectively. On 15/3/2015, petitioner sold 06 acres of land to Cambodian Buddhist Monastery Trust, Bodhgaya out of the said 19.50 acres of land by executing a registered deed of sale. The petitioner also delivered possession of the said 06 acres of land to the Cambodian Buddhist Monastery Trust, Bodhgaya. In the year 2016, the Administrative Authority under the State Government initiated an encroachment proceeding against Cambodian Buddhist Monastery Trust, Bodhgaya. Sometimes in January 2017 the said Trust filed a Writ Petition being C.W.J.C. No.1808 of 2017 against the encroachment order. A co-ordinate Bench of this Court passed an order on 4/1/2017 directing the respondents not to take any coercive action against the petitioner till the disposal of the above mentioned writ petition. The said writ petition is still pending before this Court. Inspite of such order, local police under the direction of the concerned department badly ransacked the construction made by the Trust and also assaulted both male and female monks on 17/2/2017. The petitioner filed an intervening petition in C.W.J.C. No.1808 of 2017 and the said petition still pending before this Court. Vide order dtd. 1/3/2017, this Court passed an order directing the respondents to show cause as to why the order dtd. 4/2/2017 passed in C.W.J.C. No.1808 of 2017 was violated.