JUDGMENT :

Heard Mr. Jitendra S. Singh, learned counsel for the petitioner, Mr. Mohammad Asghar, learned counsel for the State, Mr. Saket Upadhyay, learned counsel for the respondent no. 3 and Mr. R.S. Mazumdar, learned senior counsel assisted by Mr. Nishant Kr. Roy, learned counsel for the respondent no.4.

2. This petition has been filed for quashing the entire proceeding of Case No. M-2122 of 2022 as against the petitioner including the order dated 15.10.2022 (Annexure-10) whereby the respondent no. 2-the Sub-Divisional Magistrate, Sadar, Ranchi passed the order under section 144 of Cr.P.C. restraining the petitioner from going over the land in dispute.

3. By order dated 24.02.2023 the Co-ordinate Bench of this Court has been pleased to stay the order dated 15.10.2022 passed in Case No. M- 2122 of 2022 and order was passed that any further proceeding in Case No. M- 2122 of 2022 shall not be taken out.

4. The Record of Case No. M-2122 of 2022 was called for and respondent nos. 3 and 4 were noticed. Pursuant thereto respondent nos. 3 and 4 have appeared and filed their counter-affidavit.

5. Mr. Jitendra S. Singh, learned counsel for the petitioner submits that the land in dispute upon which the proceeding under Section 144 Cr.P.C. has been initiated is situated at village/Mouza-Dumardaga, P.S. Khelgaon, District-Ranchi bearing Khata No. 92, Plot No. 357 having an area 33 kathas and 12 chhataks. He further submits that the land measuring an area 1.47 acres of land under Khata No. 92, Plot No. 357 was possessed by one Dhouchuwa Ghansi having raiyati interest over the same by virtue of settlement by the erstwhile zamindar and in the R.S. record of rights his name also appears and his name was duly mutated in revenue records and on his death his four sons inherited their right, title, interest and possession over the land. He further submits that there was mutual partition in the property measuring 1.47 acres between the sons of Dhouchuwa Ghansi and each were allotted 1/4th share out of 1.47 acres equivalent to 36 ¾ decimals, i.e. 20 kathas more or less. He submits that other three sons of Dhouchuwa Ghansi also came in possession of their respective share 36 ¼ decimals i.e. 20 kathas of land and each except Shiva Nayak, the other sons of Dhuchuwea Ghansi and their legal heirs later on jointly sold their respective share measuring altogether 60 kathas to different persons out of 1.47 acres in the year, 1984. He submits that after the death of Shiva Nayak his only son Narayan Nayak succeeded the interest. The said Narayan Nayak was in possession of actually 36 ¾ decimals i.e. 20 kathas of land but represented the petitioner and his family members that he was in possession of 52 decimals of land and the same was allotted to his father Shiva Nayak in the family partition between his brother and convinced the petitioner to purchase the same. He further submits that on his representation the petitioner purchased the said land by four sale deeds dated 12.01.1987 and the said land was mutated. He further submits that in the year, 1992 a proceeding under section 144 of Cr.P.C. was initiated by the petitioner. He submits that the petitioner has filed a declaratory suit being Title Suit No. 13 of 1989 in which respondent no.4 has not appeared and the said suit was decreed in favour of the petitioner ex-parte. He further submits that respondent no. 4 had filed a Title Suit No. 75 of 1998 which is still pending for declaring that the respondent no. 4 herein is in possession over the same land and if possession not found then decree for recovery of possession over the land in present proceeding may kindly be passed. He further submits that during pendency of the T.S. No. 75 of 1998 the respondent no. 4 had also filed a case under section 144 of Cr.P.C. which was later on converted in proceeding under Section 145 of Cr.P.C. and the said proceeding was numbered as M. 1151/2004 before the Executive Magistrate, Ranchi. He submits that order passed in M-