LILU MAHATO Vs. MAHAJAN MAHATO

JUDGEMENT

(1.) On 21.11.2011, time was taken on behalf of learned counsel for the petitioners. Yesterday no one had appeared for either side in spite of repeated calls, whereupon the case was fixed for today, but today also nobody appeared for the either side in spite of repeated calls. Accordingly, I have gone though the records.

(2.) The petitioners have challenged the order dated 14.01.1991 passed by the learned Executive Magistrate, Deoghar in Criminal Case No.42 of 1986, whereby, in a proceeding under section 145 of the Cr.P.C., the learned Executive Magistrate, after going through the materials brought on record, had declared the possession of the second party petitioners on Plot No. 663/1275 and had declared the possession of the first party respondents on the remaining Plots bearing numbers, 25, 27, 28, 30, 32, 33, 34, 35, 643, 646, 649, 663, 667 and 456 of Jamabandi No.25 situated in Village- Kairi, P.S.- Mohanpur within the district of Deoghar. The said order was challenged by the second party petitioners in a criminal revision filed before the learned Sessions Judge, Deoghar. The said revision was decided by the learned 1st Additional Sessions Judge, Deoghar, by order dated 15.03.1997 passed in Cr. Rev. No.13 of 1991 / 33 of 1992, whereby, the said revision was dismissed. Both these orders are challenged in the present writ application by the petitioners, who were the second party in the original proceeding.

(3.) From the averments made in the writ petition, it appears that the impugned orders have been challenged mainly on two grounds, firstly, that the learned Executive Magistrate had taken into consideration certain documents which had not been proved in accordance with law and secondly, whether the first party respondents who claimed the possession, being the mortgagees, can be said to be in actual possession of the land.