RAJA BIND Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application filed under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 6th December, 2004 passed by the Sessions Judge, Kaimur at Bhabua in Criminal Revision No. 49 of 2004 and also for quashing the order dated 19.03.2004 passed by the Executive Magistrate, Kaimur in Case No. 17 of 2000 u/s. 145 of the Code of criminal Procedure.

(2.) NARAYAN Bind, Opposite Party No. 2, filed a petition, vide Annexure -1, in the court of Sub Divisional Magistrate, Bhabua for initiating a proceeding under Sec. 145 of the Code of Criminal Procedure in respect of Plot No. 166 under Khata No. 62 situate in Village Harinathpur, P.S. Sonhan, District - Kaimur, shown in Najari map given at the foot of the plaint, for restraining the members of the opposite party who are petitioners here from going over the said land and disturbing his possession. Area of the land and boundary has not been disclosed.

(3.) THE learned lawyer for the petitioners submits that Plot No. 166 under Khata No. 62 measuring an area of 12 decimals has been settled by the State of Bihar under the Bihar Privileged Home Tenancy Act giving 3 decimals of land to each of them followed by delivery of possession. He submits that they constructed their houses thereon and are residing therein. He submitted that they are paying rent to the State of Bihar and in lieu thereof they receive rent receipts. In support of his contention demarcation of land of three decimals to each to the petitioners, vide Annexure -2, has been filed. Rent receipts, vide annexure 15 to 17, have been filed. He further submits that opposite party as per his petition (annexure -1) is said to have been given 3 decimals of land of the said land by the State of Bihar under the Bihar Privileged Home Tenancy Act and in support thereof Parcha has been filed, but that Parcha contains plot No. 136 and did not contain the name of any person to whom that parcha was issued. He submits that as such the opposite party who is said to have acquired 3 decimals of land through settlement by the State of Bihar under a Parcha stands falsified. He submits that petitioners have filed copies of parchas of settlement in their favour. He further submits that the plot in dispute has got an area of 12 decimals whereas the petitioners are said to have got 3 decimals thereof by settlement but which part was settled to them has not been disclosed. He further submits that boundary has also not been disclosed. As such he submits that it is not certain and specific as to which part of the plot in question has been settled to the opposite party. He, therefore, submits that the impugned orders are fit to be quashed.