KUMUD BEHARI SARKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) An application his been filed for amendment of the writ petition. Heard. The prayer is allowed. The amendment petition shall form part of the writ petition. Heard the learned counsel for the parties on merit.

(2.) In a proceeding under Section 145 of the Code of Criminal Procedure (the Code), the Executive Magistrate found possession of the petitioner. Respondent Nos. 4 and 15 filed a revision application before the Sessions Judge, The learned Additional Sessions Judge allowed the revision application and declared possession of these respondents There after the petitioner moved this Court against the order of the Additional Sessions Judge. But the petitioner lost. An application was filed by respondent Nos. 4 to 15 before respondent No. 2 with a prayer to give effect of the order passed by the Additional Sessions Judge, Respondent No. 2 by order dated 9-11-1987 held that in order to give effect to the order of the Additional Sessions Judge, it was necessary to give delivery of possession of the disputed property to respondent Nos. 4 to 15. Against the order, the petitioner filed a revision application before the learned Sessions Judge. The learned Sessions Judge by order dated 30-11-1987 (annexure 11) refused to interfere with the order of respondent No. 2.

(3.) Section 145 (4) of the Code provides that the Magistrate, on the basis of the evidence produced by the parties shall decide, if possible, whether any of the parties was, on the date the proceeding was initiated, in possession of the subject of dispute. Proviso to that sub-section provides that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under Sub-section (1) drawing up the proceeding, he may treat the party so dispossessed as if that party had been in possession on the date of his order under Sub-section (1).