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1991 Supreme(Pat) 340

S.C.MOOKHERJI
Kalindi Devi – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Having heard learned counsel for the petitioner, this application is being disposed of finally at the admission stage itself.

2. It appears that in the year 1979, a proceeding u/s. 144. Cr. P.C. was drawn up respecting certain land as detailed in Annexure-l which was subsequently converted into one u/s. 145, Cr. P.C. Pursuant to that, notice was issued to the parties to show cause. While the matter was pending before the Magistrate and the parties who were to adduce evidence in support of their respective claim, a suit was filed in the year 1984 in u1e Court of Subordinate Judge, Patna and accordingly a prayer was made by the petitioner before the Magistrate for dropping it which he declined to do. Thereafter, in the year 1991 a revision application was filed against that order, which was also decided against her.

3. The subject-matter of dispute appears to be a piece of land which according to one of the parties, i.e. the opposite party, was allotted to them by the Housing Board. I am, however, not concerned at this stage about the legality or otherwise of the said allotment. The question is whether the proceeding is fit to be dropped, in view of a decision of this Cour






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