DIPPU LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Baxi S.R.P. Sinha, learned Senior Advocate with Mr. Mrigendra Pratap Singh, learned Advocate for the petitioner, Mr. Roy Saurabh Nath, learned Advocate for opposite party no.2 and learned APP for the State.

(2.) The petitioner is aggrieved by the order dtd. 23/5/2023 passed by the Sub-Divisional Magistrate, Sadar Gaya in Misc. Case No. 295 of 2023 by which the proceeding initiated under Sec. 144 of the Cr.P.C. has been converted into Sec. 145 of the Cr.P.C.

(3.) Learned Senior Advocate for the petitioner assailing the impugned order has contended that the land/property, in dispute is bearing plot no. 20348 over which both the parties are claiming their right, title and interest. On 20/3/2023, an application was filed by the opposite party no.2 alleging therein that the property, in question, is being managed by Gaya Pal Brahman. One Bapaji Bhaiya was the member of Managing Committee. Later on, members of his family described the temple as private temple and they tried to capture the land and erected boundary wall. Many times, proceeding under Sec. 144 of the Cr.P.C. was initiated and decided in favour of the Committee, but the opposite party no.2 declaring the land of the temple as his private property, wanted to make construction over it, which is being opposed by the members of the Committee. Thus, a prayer was made to restrain them by making any construction and to maintain the law and order situation, so that no untoward incident may take place.