RAM KRISHNALAL SAHU Vs. RAM CHANDRA SINGH

JUDGEMENT

(1.) This revision application is directed against the order passed by Shri J. Bara, Magistrate, 1st Class, Jamshedpur in a proceeding under Section 145 of the CODE OF CRIMINAL PROCEDURE, 1973 declaring possession of the second party over the disputed land. The proceeding under Section 145 of the Code had been drawn up between the parties oh the report of the Sakchi Police in respect of plot No. 2070, area 0.67 acres under Khata No. 133 located in Mauza Sakchi (hereinafter referred to as the disputed land).

(2.) On 2-1-1968, the petitioner lodged an information at the police station alleging that the members of the opposite party were trying to take forcible and illegal possession of the disputed land which had been in actual physical possession of the Tata Iron and Steel Company Ltd. (hereinafter referred to as the Tisco) since long. The petitioner is a Tahsildar in the Land Department of the Tisco. On 4-1-1968, the officer-in-charge, Sakchi police station submitted a report to the Sub-divisional Magistrate alleging that there was an apprehension of breach of the peace between the parties in respect of the disputed land. On receipt of the report, the Sub-divisional Magistrate, by his order dated 19-1-1968 drew up a proceeding under Section 144 of the CODE OF CRIMINAL PROCEDURE, 1973 and, later on, on 2-3-1968, the proceeding was converted into a proceeding under Section 145 of the Code of Criminal Procedure.

(3.) The case of the petitioner is that the disputed land forms part of the land acquired by the Tisco for industrial purposes more than 50 years ago. At the time of the acquisition, ( the disputed land was in occupation of one Sadhu Dom as a raiyat, Sadhu Dom was recorded in the survey record as raiyat in the year 1937. Thereafter, in the year 1943, he surrendered the disputed land along with other lands in favour of Tisco by a registered surrender deed and since then the land in question has been in physical possession of the first party. In support of the above contention, the first party filed the original and the certified copy of the registered surrender deed dated 3-7-1943. Besides, two affidavits of Shri R.L.K. Sahu and Shri Shri Saligram Dubey had been filed on behalf of the first party.