RABINDRA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner wants quashing of the order dated 23.11.2002 passed in a 145 proceeding under the Code of Criminal Procedure. The order in question has been passed by Shri U.R Singh, Executive Magistrate, Darbhanga in M.R. No. 534 of 1992/534 of 1995 in T.R. No. 20/ 02. The learned Magistrate has declared equal possession of 10 dhurs each on one katha land of Khata No. 126, Plot No. 427 in Village-Dekuli, Tikapatti, P.S.-Bahadurpur in the District of Darbhanga.

(3.) A written application dated 22.4.1995 was filed by the petitioner before the Officer Incharge, Bahadurpur Police Station stating therein that 16 katha 19 dhurs of land in Survey Plot No. 427 of Khata No. 126 situated in Village Dekuli in the district of Darbhanga was in his peaceful cultivating possession and the second party i.e. Opposite Party No. 2, armed with lathi, gadasa etc. started digging in about one katha of land for construction of a house in the western side. On protest by the first party i.e. the petitioner, they threatened to cause bodily harm, if not to kill him. Sub-Inspector of Police, Ram Niwas Singh on the basis of the aforesaid application held an enquiry and submitted a report dated 25.4.1995 to the Sub-Divisional Magistrate, Sadar, Darbhanga for initiating a proceeding under Sec.144 of the Code of Criminal Procedure against both the parties in respect of 1 katha of land from the west side of the Survey Plot No. 427. The Sub-Divisional Magistrate initiated 144 proceeding against both the parties and notices were issued. The petitioner (first party) on receipt of notice on 7.5.1995 appeared and filed his show-cause. He stated in the show-cause that out of the 16 kathas 19 dhurs of land only 1 katha of land from the west of Survey Plot in question was subject matter of the proceeding under Sec.144. This land alongwith some other land was auction purchased by one Nathu Singh Thakur on 11.9.1919 in Case No. 1106/1919 from the Court of Munsif 1st, Darbhanga. This Nathu Singh Thakur was the great grandfather of the petitioner. Nathu Singh Thakur had two sons, Ram Julum Singh Thakur and Ram Bujhawan Singh Thakur and after family partition an area of 6 katha of Survey Plot No. 427 alongwith other land was allotted to the share of Ram Julum Singh Thakur, the balance area of 10 katha 19 dhurs of Survey Plot No. 427 alongwith other land was allotted to the share of Ram Bujhawan Singh Thakur. Ram Bujhawan Singh Thakur died leaving behind his widow and a minor son Biswambhar Singh. The widow on her behalf as well as the guardian of her minor son through a kewala dated 9.7.1935 sold the same with some other land in favour of Dhanusdhari Jha and Srikant Jha for consideration. Thereafter Ram Sagar Singh i.e. the father of the petitioner and Suresh Singh Thakur i.e. uncle of the petitioner purchased 3 bighas and 7 kathas of land including this 10 katha and 19 dhurs in which the present dispute has arisen by a kewala dated 18.11.1957 executed by Shrikant Jha. Ram Sagar Singh and Suresh Singh Thakur i.e. father and uncle of the petitioner respectively, came in possession over the land including this 10 katha and 19 dhurs of land. Therefore, the land in question was an ancestral land belonging to the petitioner and they are in possession. The petitioner further stated before the Magistrate that in a private amicable partition the petitioner got an area of 8 katha 9 & 1/2 dhurs out of the 16 kathas 19 dhurs of land in Survey Plot No. 427 from north and similarly the uncle of the petitioner, namely, Suresh Singh Thakur also got 8 kathas 19 & 1/2 dhurs from south.