PRAYAG YADAV Vs. RAJU SAW

JUDGEMENT

(1.) Heard Mr. Ramawatar Choubey, the learned counsel appearing on behalf of the petitioner and Mrs. Lily Sahay, the learned counsel appearing on behalf of the respondent State.

(2.) This petition has been filed for quashing the order dtd. 23/9/2014 passed in Criminal Revision No.196/2008 by the learned Additional Sessions Judge-III, Hazaribagh and the order dtd. 8/9/2008 passed by the learned Executive Magistrate, Barhi in Case No.10/2000, T.R.No.43/2008 is also under challenge.

(3.) The 144 Cr.P.C. proceeding was initiated pursuant to the complaint made by the second party who is opposite party in this petition alleging therein that the land pertaining to Khata No.52, Plot No.90, measuring area 1.49 acres situated at Village Kanti P.S.Chauparan was settled in the year 1934 in the name of his mother Degni Devi by the Ex-landlord Prasadi Singh by Hukumnama which was in her continuous possession alongwith payment of rent to the Ex-landlord and after vesting of Zamindari to the State of Bihar till the year 1991. It is further stated that subsequently it was transferred to Mangla Devi wife of Bandhan Yadav who is the wife of the brother of the petitioner on 18/9/1991 and presently the petitioner is the wife of his brother is in possession. Opposite Parties/1st party case- that the original 1st party i.e. Barho Sao has stated that he has purchased the land in the name of his wife Kanti Devi from Gokhulanand Singh vide sale deed dtd. 29/11/1999 and while he went over the land for agricultural purposes the Opposite party /2nd party restrained.