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2022 Supreme(Pat) 250

RAJIV ROY
Abdul Salam – Appellant
Versus
State of Bihar through District Collector, Nalanda – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Raj Kishore Prasad Singh, Mr. Bal Bhushan Choudhary, Advocate
For the Respondent: Mr. Jitendra Kumar Singh, APP

JUDGMENT :

1. Heard learned counsel for the parties.

2. The petitioners have moved before this Court for quashing of the:

    (i) order dated 18.11.2019 passed by the learned Sub Divisional Magistrate, Bihar Sharif, (henceforth for short the ‘SDM’) Nalanda in Case No. 1622(M)/2019 by which proceeding under Section 144 of the Code of Criminal Procedure (herein after referred to the “Cr.P.C”) was initiated appertaining to disputed piece of land at Mauza – Chainpura, Thana No. 111, Khata No. 190, Khesra No. 511 (Area 0.80 decimal) situated under his jurisdiction and notices were issued to the petitioners as also the opposite party, Circle Officer, Nalanda and the Government Pleader No. 9 (Annexure-11);

(ii) the order dated 16.01.2020 by which the Opposite Party No. 3 dropped the said proceeding in live with the Section 144 (4) of the Code of Criminal Procedure.

3. The case as presented by learned counsel for the petitioners is/are that:-

    (i) the disputed plot is under their possession much prior to the cadastral survey;

(ii) however, the Survey Authorities made wrong entry in survey khatian prepared and published on 10.05.2010 as ‘Gair Majarua Aam Gaddha’ (ditch) instead of ‘Gair Majarua Khas’;

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