RAMNARAYAN Vs. MAHAVEER

JUDGEMENT

(1.) The issue in this petition is that 'whether the parties to the litigation can be allowed to reopen the concluded proceedings which have been upheld up to Hon'ble Apex Court?' and 'whether the last word spoken and law laid by the Highest Court of the Land must be given effect to?'

(2.) This petition under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') has been filed against the impugned order dtd. 20/10/2022 passed by Sub Divisional Magistrate, Todaraisingh, District Tonk, by which directions have been issued to the Tehsildar and Station House Officer (for short 'SHO'), Todaraisingh to handover the land bearing Khasra nos. 78, 90, 91, 92, 93, 94, 95, 96 and 97 Kita 9 Rakba 3.21 hectare, situated at Village Ojhapura, Tehsil Todaraisingh from Party No. 2 Ramnarayan and others to Party No. 1 Mahaveer Singh and others.

(3.) The facts leading to the present petition in nutshell are that the SHO filed a criminal complaint under Sec. 145 Cr.P.C. before the Court of Assistant Collector-cum-Executive Magistrate, Todaraisingh (for short 'the Magistrate'), alleging therein that there is dispute between Mahaveer and others (Party No. 1) and Ramnarayan, Bhura and others (Party No. 2) over agriculture land bearing Khasra nos. 78, 90, 91, 92, 93, 94, 95, 96 and 97 Rakba 12 Bigha 11 Bishwa (hereinafter referred as 'land in question'). Both parties claimed their possession over the land in question.