1. Heard the parties.

2. This is an application for quashing the order dated 19.2.2006 passed by the S.D.C. Begusarai in Case No. 56 of 2006 by which a proceeding under Sec. 144 of the Cr.P.C. was initiated and further the order dated 21.2.2006 by which the proceeding was converted into under Sec. 145 of the Cr.P.C. and also attaching the subject of the dispute u/s 146 of the Cr.P.C. and thereby appointing a receiver within the aforesaid Sec. 146 of the Cr.P.C.

3. The case of the petitioners is that they were living in their houses after constructing the houses on the plot in question. They purchased the aforesaid land from one Arbind Narain Agrawal in the year 1985 and have been paying the rent to the Government of Bihar. The case of the petitioners is that after purchasing the lands on 14.2.1985 they are living in their respective thatched houses peacefully and without any interruption. It is further submitted that in the year 1985 a proceeding under Sec. 4(h) of the Bihar Land Reforms Act, 1950 (hereinafter referred to as the Act) was initiated in respect of the lands in question, which was dropped in view of recommendation of the D.C.L.R., Begusarai based on the report of the Anchal Adhikari and no further action was taken. The recommendation of the D.C.L.R. is Annexure-5. Thereafter, in the year 1989/90 another proceeding was started under Sec. 4(h) of the Act which also ended as the revenue authority turned down the recommendation of the D.C.L.R. for cancellation of Zamabandi opened in the names of respective raiyats as being full of lapses, short comings vagueness and wanting necessary informations, a copy of the order is at Annexure-6 to this application. After the aforesaid order of the Government authorities vide Annexure-6, the D.C.L.R., Begusarai issued fresh notices to the petitioners alongwith nine others who appeared third time in 4(h) Case No. 1 of 1989/90.

4. The petitioners filed C.W.J.C. No. 445 of 2002 before this Court which was allowed by a Bench presided over by Hon ble Mr. Justice Aftab Alam vide order dated 29.4.2005, a copy of the said order is annexed as Annexure-7 to this petition.

5. It has been submitted on behalf of the petitioners that by virtue of the sale deed, Khatian, mutation order, rent receipts they have every right, title and interest over their respective lands and houses standing on the same unless removed by the legal orders passed by the competent authority. It has further been submitted that when they were living in their respective lands and houses since their purchase after constructing the houses, the S.D.O. Begusarai alongwith other officials and 12 unknown persons on 28.11.2002 at 3 P.M. went to the residence of the petitioner no. 1 and asked to remove her belongings from the house and on refusal of which the house was demolished and the petitioner was forcibly ousted with abuses and the accused persons looted the properties worth Rs. 81,300/-. The petitioner no. 1 filed a complaint Case No. 1627-C of 2002 before the learned S.D.J.M., Begusarai under Sec. 379 and other allied sections of the I.P.C. The I aforesaid case was dismissed and then a revision application was filed. It is further submitted that after notice was issued in 4(h) Case No. 1 of 1989/90, the same was quashed by this Hon ble Court, and the petitioners after getting sanction of the Collector, D.C.L.R., Anchal Adhikari, Begusarai and also after getting the map plan of the house approved by the Executive Officer, constructed their respective houses on their respective lands, a copy of the order of the Executive Officer has been annexed as Annexure-8 to this petition.

6. In view of the aforesaid facts and circumstances, it is submitted that the petitioners have right, title and interest in the lands and houses in question and they have long peaceful, uninterrupted possession since the year 1985 over the respective pieces of lands. As regards opposite party nos. 6 and 7, it has been submitted that they do