RAMGOBIND SINGH Vs. ASKRIT SINGH

JUDGEMENT

(1.) This case raises an interesting question as to whether criminal jurisdiction over some lands lying on the boundaries of Saran and Shahabad Districts gets constantly transferred from one district to another by reason of the varying course of river Ganges.

(2.) The Subdivisional Magistrate of Arrab Sadar has drawn up a proceeding under Section 145 of the Code of Criminal Procedure in respect of some lands. The parties are not agreed as to the plot numbers of those lands nor as to the village in which they lie. Kotwapatti Rampur and Shankerpur alias Kutubpur are two contiguous villages, the latter being on the south of the former. The first Party's case is that the disputed lands are comprised in plots nos. 173 to 182 and 185 of village Shankerpore; whereas the second party's case is that they are parts of plot nos. 142 to 146 in tauzi No. 4801 and also the whole of plots Nos. 733 and 734 and part of plot No. 732 in tauzi No. 4604 of Kotwapatti Rampur. The second party objected that the Subdivisional Magistrate of Arrah Sadar had no jurisdiction to draw up the present proceeding in respect of the disputed lands. In view of that objection, the Subdivisional Magistrate deputed a pleader commissioner to make measurements in order to find out the district under which the disputed lands lie and to report. The pleader Commissioner, accordingly, made measurements and submitted a report. He has stated in that report that the disputed lands are 148.60 chains to the south of the southern bank of river Ganges. Being of the opinion that the midstream of the river is the demarcating line between Saran District on the north and Shahabad District on the south, he has come to the conclusion that the lands in dispute lie in the district of Shahabad. On the basis of the pleader commissioner's report, the Subdivisional Magistrate has held by his order dated the 17th December, 1955, that the disputed lands lie in village Shankerpur within Shahabad district and he has jurisdiction to draw up the proceeding. Being aggrieved by this order, some members of the second party (who will be referred to as the petitioners) have filed this application for revision in this Court. The application is opposed by the members of the first party, and they will be referred to as the opposite party.

(3.) Appearing on behalf of the petitioners, Mr. K. B. N. Singh has urged that village Kotwapatti Rampur as also village Shankerpur alias Kutubpur lie within the limits of Chapra Mufassil Police station in Saran District, and irrespective of whether the disputed lands are situated in one village or the other, the Subdivisional Magistrate of Arrah has no jurisdiction to draw up or decide a proceeding under Section 145 of the Code of Criminal Procedure in respect of those lands. On the other hand, Mr. S.K. Jha for the opposite party has contended that midstream test is the only test on the basis of which the limits of the two districts can be ascertained, and that, as the disputed lands lie not only to the south of the midstream but to the south of the southern bank of the Ganges, there can be no doubt that they are within the limits of Barbara Police station in Arrah Subdivision of Shahabad District for purposes of criminal jurisdiction. Both the learned Advocates have relied upon Partipal v. Dip Narain, ILR 33 Pat 927 in support of their arguments. Under our direction, the State has also appeared through the Additional Standing Counsel. He has produced before us a copy of notification No. 823P, dated the 27th March, 1906, issued by the Political (Police) Department of the Government of Bengal under Section 4(1), Clause (A) of the Code of Criminal Procedure (Act V of 1898) which was published in Part I of the Calcutta Gazette dated the 28th March, 1906, at pages 567-568. By this notification, the Lieutenant Governor of Bengal has declared Barbara Independent Police Out-post under Arrah Police Station to be a police station and has specified the local areas within the jurisdiction of that police station. River Ganges and several villages, including Kutubpur, have been mentioned as being on the northern boundary of the local areas within the limits of the Police Station, On the basis of this notification, the learned Additional Standing Counsel has taken the stand that the disputed lands do not lie within Barbara Police station of Shahabad District but under Chapra Mufassil Police station of Saran District. He has produced notification No. 1511P., dated the 21st March, 1908, published in Part I of the Calcutta Gazette dated the 25th March, 1908, at page 746, whereby Chapra Town Police station was created as an independent police station and the Chapra Police station was renamed as Chapra Mofassil Police station, and it was stated that that police station would exercise jurisdiction over the rural area of the Police station which was previously called as Chapra Police Station, Notification specifying the areas and boundaries of Chapra Mufassil Police station has not been produced, and the learned Additional Standing Counsel has stated that it could not be found out in the Police Department in spite of diligent search.