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2022 Supreme(Chh) 163

GOUTAM BHADURI
Tameshwar Sahu S/o. Dujram Sahu – Appellant
Versus
Shrimati Durpati Bai W/o. Chirakhan Mandhlekar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Shobhit Koshta.
For the Respondents: Mr. Amartya Rajwade, Ms. M. Asha, Panel Lawyer.

ORDER :

1. Present petition is against the order dated 21-12-2021 (Annexure-P/6) passed by the Third Additional Sessions Judge, Balodabazar, in Cr. Rev.No.52/21 whereby the order of the Sub Divisional Magistrate (SDM), Balodabazar dated 12-11-2021 (Anneuxre-P/5) passed under Section 146 (1) Cr.P.C. has been affirmed.

2. Brief facts of this case are that the petitioner No.1 is claiming himself as bhumiswami of land bearing khasra No.206/54 area 0.162 hectares and khasra No.206/58 area 0.186 hectares, total area admeasuring 0.348 hectares. Likewise, the petitioners No.2 & 3 are also claiming themselves as bhumiswami of land bearing khasra No.273/14 area 1.618 hectares. With regard to their respective claim, the petitioners rely on Form B-1 kistband katoni [year 2019-20] (Annexure-P/1).

3. To consider the said claim of the petitioners, the SDM vide its memo dated 20-10-2021 (Annexure-P/3) directed the Tahsildar-cum-Executive Magistrate, Palari and Station House Officer, Police Station Gidhpuri to submit the enquiry report. In compliance of the same, it was reported that prior to two months of incident the petitioners were in possession of the subject land. In the meanwhile, the petitione

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