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2024 Supreme(Pat) 62

JITENDRA KUMAR
Bishwakarma Rai – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Ranjan Kumar Dubey, Kumar Gaurav, Pankaj Kumar Dubey.
For the State : Mr. Suresh Prasad Singh, APP.
For the O. P. No.3 & 4 : M/s Shekhar Singh, Sumit Kumar, Avinash Kumar Singh.

Jitendra Kumar, J.—The present petition under Section 482 Cr.P.C. has been preferred by the petitioners against the impugned order dated 15.07.2016 passed by Ld. Additional Sessions Judge-IV, Gopalganj in Cr. Revision No. 146 of 1997, whereby Ld. Additional Sessions Judge has set aside the order dated 12.05.1997 passed by Ld. Executive Magistrate, Gopalganj under Section 145 Cr.P.C., whereby Ld. Executive Magistrate had declared the possession of the petitioners over the land in dispute bearing Khata No. 413, Khesra No. 1362 measuring area 2 Katha 8 Dhur till the order is reversed by the competent Court.

2. The relevant facts as emerging from the record are that the proceeding under Section 145 Cr.P.C. was initiated by Ld. Executive Magistrate, Gopalganj between the petitioners and private respondents on account of dispute in relation to title and possession over the land in question bearing Khata No. 413, Khesra No. 1362 measuring area 2 Katha 8 Dhur. Ld. Executive Magistrate, Gopalganj after recording of evidence and hearing the parties came to the conclusion that land in question was Gairmajarua land of Hathua Maharaj, which, as per the claim of the 2nd parties, was settled in th

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