KAMLESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications have been heard together and will be governed by this common order.

(2.) In these applications a prayer has been made on behalf of the petitioners to give necessary direction to the Court below for removing the encroachment over the land which was the subject-matter of the proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and has finally terminated in favour of the petitioners.

(3.) After the final order was passed in the proceeding under Section 145 of the Code on 29-1-1983 in which the petitioners were declared to be in possession of land of Khatas No. 2S5 and 288 of village Udaipur, P. S. Unkauri District Patna, the opposite party moved this Court in Criminal Revision No. 82 of 1983 which was admitted. Thereafter, the opposite parties wanted to encroach upon the land and the petitioners filed a petition before the Court for a direction to the local Police to get the encroachment removed ; a copy of the order has been filed and marked Annexure-1. Since the matter was pending in this Court in Criminal Revision No. 82 of 1983 no order was passed and against the aforesaid order the petitioners filed Criminal Revision No. 8753 of 1983 which was dispossed of on 26-9-1983 with a direction that the petitioners should file an application before the Court below placing their grievances. The petitioners filed a petition before the court below in pursuance of the order of this Court for getting the encroachment removed but the learned Magistrate, by his order dated 9-2-1984, rejected the prayer on the ground that there is no provision in the Code ; copy whereof has been filed and marked Annexure-4. Thereafter, an application was filed and, after notice to the opposite party, the application was admitted on 12-3-1984 and the order for status quo, as existing on that date, was passed. Thereafter, another application was filed in this Court which gave rise to Original Criminal Miscellaneous No. 13 of 1984 that inspite of the order of status-quo the opposite parties have made certain constructions and notice was ordered to be issued and the case was ordered to be placed with the original case ; Criminal Miscellaneous No. 1775 of 1984. It may also be mentioned here that Criminal Revision No. 82 of 1983 passed against the final order of the learned Magistrate was also dismissed by this Court on 1-11-1983.