VIKRAM SINGH Vs. SUB DIVISIONAL MAGISTRATE RAJGARH

JUDGEMENT

(1.) ORDER :- This Cr. Misc. Petition has been directed to quash the proceedings pending before Sub Divisional Magistrate, Rajgarh District Churu under S. 145 Cr. P.C. as well as the order dated 4-6-1987 passed by learned Sub Divisional Magistrate, Rajgarh.

(2.) The facts of the case are that Vikram Singh, Smt. Jyoti and Smt. Beena are the grandchildren and legal heirs of Smt. Govind Kanwar who was recorded Khatedar tenant of 80 bighas 11 biswas of agricultural land which included khasra Nos. 446, 497 to 499, 542 to 544, 297 and 324 measuring 40 bighas 18 biswas in village Nesal and Khasra Nos. 679, 687, 719 to 721 and 727 measuring 39 bighas 13 biswas in village Nanda Ka Bas in Patwar Circle Nesal, Tehsil Rajgarh District Churu. The land is situated thus at two different places. Smt. Govind Kanwar died on 28-12-1971. Thereafter these petitioners were recorded as khatedar tenants of the said land and they still continue as recorded khatedar tenants of the said land and they still continue as recorded Khatedar tenants. The said Khatedari land was given in certain pieces to various persons by Smt. Govind Kanwar for cultivation on year to year basis. These persons included the respondents No. 2 to 7. Eight eviction suits were filed against these persons in the year 1970, 1971 and 1972 under Section 180 of the Rajasthan Tenancy Act in the Court of Assistant Collector, Rajgarh. The suits were filed against Juga Ram respondent No. 2, Kishan Lal respondent No. 3, Sagar respondent No. 4, Inder Ram respondent No. 5, Mota Ram and Maga Ram respondents No. 6 and 7. Gugan and Mota Ram have expired and their legal representatives were impleaded as parties in the revenue proceedings. Out of the said land the petitioners No. 1 to 3 sold land measuring 35 bighas 1 biswa in village Nanda ka Bas in Patwar Circle Nesal on 5-1-1987. The land of khasra No. 721 and 727 was sold to Smt. Suraj Kanwar petitioner No. 4 and the land of khasra No. 679, 719 and 720 was sold to Shri Narpat Singh who expired and petitioners No. 5 to 7 are his legal heirs. The above mentioned eight suits were dismissed by Assistant Collector, Rajgarh on 13-2-1975. Petitioners No. 1 to 3 preferred appeal before the Revenue Appellate Authority who set aside the judgment and decreed the suits for eviction of the respondents No. 2 to 7 vide common judgment passed on 4-3-1978. In the execution of the decree possession of the entire land measuring 80 bighas 11 biswas was restored to the petitioners No. 1 to 3 and Sub Divisional Officer Rajgarh directed the Tahsildar to restore possession of the petitioners in execution of the said decrees.

(3.) It is further stated that the possession of the disputed land from seven persons was restored to the petitioners on 22-4-1978 and possession from remaining three persons was delivered to the petitioners on 14-5-1978 with police assistance. Second appeal was filed before Board of Revenue which was dismissed on 31-1-1986. Thereafter six civil writ petitions were filed against the decision of the Board of Revenue. They were disposed of vide order dated 27-10-1987 and the matter was remanded to the Board of Revenue for reconsideration in view of amended provisions of S. 19 of the Rajasthan Tenancy Act. The Board of Revenue again vide its order dt. 7-11-1988 dismissed the second appeals. Again five civil writ petitions were preferred against the said judgment of Board of Revenue which were dismissed by common judgment dated 19-12-1990. The Sub-Divisional Magistrate, Rajgarh initiated criminal proceedings on 4-6-1987 under Sections 145 and 146, Cr. P.C. against the petitioners in respect of the same land in Cr. Case No. 17/87 in which respondents No. 2 to 7 were joined as party No. 2. By the composite order dated 4-6-1987 the Sub Divisional Magistrate attached the said agricultural land and appointed Tehsildar, Rajgarh as Receiver who took possession of the said land dispossessing the petitioners. The petitioners were peacefully cultivating the said land from 1978 but in April, 1987 their 'Kamdar' went on the said land for raising 'Ban' then respondents threatened. Vikram Singh, petitioner No. 1, lodged a report at police station on 17-4-1987 and also filed an application before Circle Officer, Rajgarh and police was required to take action under Section 107, Cr. P.C. to prevent the respondents No. 2 to 7 for committing any breach of peace. It is alleged that instead police reported the matter to the Sub Divisional Magistrate, Rajgarh for initiating proceedings under S. 145 and 146, Cr. P.C. besides requesting for action under S. 107 and 116(3), Cr. P.C. and then learned Sub Divisional Magistrate passed order dt. 4-6-1987. The matter is pending before him for more than ten years and without any progress about 41 adjournments have been given on the ground that the Sub Divisional Magistrate was out on tour or on leave or busy in other executive work or there was some strike. More than four years' time was allowed by learned Magistrate to the parties to submit their replies and ultimately he had to close opportunity for party No. 2 to file reply. It is submitted that it is manifestly an abuse of process of the Court and hence it has been prayed that the proceedings may be quashed.