GULAM SUBHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ against the respondents in not interfering by way of revision etc., against the directives given by this Court in a previous Cr WJC No. 66 of 1991 (R) disposed of on 26 5 1992 with the direction as contained in the said order, which has been contained in Annexure I of the writ application.

(2.) FOR appreciating the submissions of both the parties, facts are necessary to be reiterated, which run as follows: The valuable property situated in Plot No. 7048 near Jhanda Chowk at Hazaribagh was originally owned admittedly by one Saraswati Devi and she entered into an agreement of sale of such property to one Shahjada Tanbir. But, when she failed to execute the sale deed in favour of Shahjada Tanbir in terms of the agreement arrived at, a suit for specific performance was filed by the said Shahjada Tanbir in T.S. No. 128 of 1988 before the court of Munsif at Hazaribagh. The suit was decreed in favour of the plaintiff Shahjada Tanbir. In execution proceeding, when the defendant Sarawsati Devi failed to execute the sale deed in favour of the plaintiff decree holder of that suit, the court executed the sale deed and on the basis of the same, delivery of possession was given through court process to the plaintiff decree holder, Shahjada Tannbir on 22 8 1990. It is stated that the said decree holder Shahjada Tabir, after taking possession over the suit property sold the entire property in favour of the present petitioner Gulam Subhani, by a registered dated on 14 12 1990 i.e., just after about three months of his taking delivery of possession through court and that the petitioner was put in actual and physical possession over the suit property.

(3.) ON the basis of the directions being given in the said writ as mentioned above, the learned Sub divisional Magistrate, Hazaribagh held an enquiry and after hearing the parties and on perusal of documents (emphasis supplied) prepared a report in details on 23 3 1993 holding that the petitioner was in possession on the date of lock i.e. 17 1 1991 and asked the Officer in charge, Sadar Police Station to hand over the key of the premises to the petitioner. That report has been contained in Annexure 2. Against that report/order, the respondents preferred the revision petition under Section 397, Cr. P.C. before the Sessions Judge, Hazaribagh, who entertained the same by registering Cr. Revision No. 82 of 1993 and passed stay order regarding handing over of key to the petitioner. Against such finding of the revision application, the present writ application was preferred before this Hon'ble Court again. During the course of the hearing of the stay vacating matter, a Division Bench of this High Court vide order dated 2 12 1993 directed the Sessions Judge, Hazaribagh to take the revision application in his file and shall also consider the question of maintainability of the revision application and it was observed that this writ application shall be beard after the disposal of the revision petition for appropriate order.