MD. PARVEJ @ TUNTUN, Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have invoked inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for setting aside the order dated 14.05.2014 passed by the learned Additional District & Sessions Judge, Katihar in Cr. Revision No. 03/2014 whereby he has refused to interfere with the order dated 14.11.2013 passed by the learned Sub Divisional Magistrate, Katihar initiating a proceeding under Section 145 of the Code of Criminal Procedure over the land in question.

(3.) The brief facts, for the purpose of deciding the present case, are in a narrow compass. There is a land measuring an area of 3.12 ½ Acres in Mauza Sadalpur Kala, P.S. Rautara, District Katihar under Sub-registry Office Sadar in the district of Katihar. These petitioners claim that they acquired right, title and interest as also possession over the land by virtue of two sale deeds executed by one Md. Naushad Ahmad, who had acquired the land by virtue of a Hibba (Gift) from Bibi Halima Khatoon and a Ladawinama was executed by the husband of Bibi Halima Khatoon. According to the petitioners, said Md. Naushad Ahmad was the nephew of Bibi Halima Khatoon and by virtue of the said Hibba and Ladawinama he was the original owner in possession of the land in question.