J. Narain, J.

This application is directed against the order passed under section 144 (1) of the Code of Criminal Procedure (herein after referred to as the 'Code') with respect to plot Nos. 729, 730, 731 and 738 of Khata No. 143 situate in village Debiana within police Station Nirsa District Dhanbad.

2. Durga Boka Pahari Colliery where in are situated the above plots, originally belonged to Lakshmi Narain Singh and Sagar Narain Singh. They granted lease of both surface and under ground right to Shri Gouri Kanta Mukherjee as Shebait of Durga-Mata. Thereafter Narain Mukherjee came to possess and work the colliery till he sold it to the petitioner by means of a registered sale deed dated the 27th of August, 1960. There was a proceeding under section 145 of the Code in respect of 150 bighas of land consisting of some of the plots in dispute and the possession was found with the petitioner. This order was affirmed with slight variation by the High Court on the 15th of January, 1973. Then a proceeding under section 144 of the Code was commenced on the 28th of February, 1974 against the petitioner and others in respect of the subject of dispute including plot no. 729. It was made a