RAMNIHORASINGH Vs. RAM SANJWAN SINGH

JUDGEMENT

(1.) This is aa application under section 397 read with section 401 of the Code of Criminal Procedure for setting aside the order passed by Subdivisional Magistrate, Sitamarhi (Sadar) in Case No. 105/93 which was filed u/s 145, Cr. P. C.

(2.) The facts, in short, giving rise to this application is that the petitioner claimed that he is recorded tenant of plot No. 3910 and 3913 under Khata No. 471 and plot No. 2112 and 2113 of Khata No. 159 along with other co-sharers in the revisional survey record of rights and the opposite party has no connection with these lands. However the opposite party claiming himself to be an heir from the common ancestor, namely, Gopal Singh filed an objection under section 10 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act (hereinafter referred to as 'the Bihar Consolidation Act') and claimed 2/3rd share over the land of khata Nos. 159,160 and 471 of vill. Ratanpur but the Consolidation Officer after hearing both the parties rejected the claim of the opposite party. Aggrieved by that the opposite party filed an appeal before the Deputy Director, Chakbandi, Sitamarhi under section 10 of the said Act and the Deputy Director after hearing the parties allowed the appeal vide order dated 28-12-92 and an order was passed for adding the name of the opposite party along with other co-sharers in respect of the lands of these khatas. Against that order the petitioner also filed a revision under section 35 of the Act which is pending before the Joint Director, Consolidation, Muzaffarpur.

(3.) It is also alleged that being emboldened by the order dated 28 12 92 passed by the Deputy Director (Consolidation) the opposite party began to claim the disputed lands that is portion of the land of khata No. 159 and 471 of village Ratanpur and on the recommendation of the local police a proceeding u/s 144, Cr. P. C. was initiated by the Sub-divisional Magistrate (Sadar), Sitamarhi which was converted into a proceeding u/s 145, Cr. P. C. In that very proceeding the opposite party filed a petition on 10. 6.93 that the Consolidation authority passed necessary order in favour of the opposite party declaring him to be the raiyat of the disputed land whereas entries were made in the register in the consolidation proceeding and so this proceeding u/s 146, Cr. P. C is liable to be dropped. Vide impugned order dated 19.7.93 the S D M on the basis of the authorities reported in 1984 BBCJ 316 and some other decisions of this Court dropped the proceeding u/s 145 Cr. P. C.