Point of Law: Civil Court, is the only Court to decide the right, title and interest of the parties to have rightful possession over the property so far as Sub-Divisional Magistrate’s Court (Criminal Court) working under Section 145 Cr.P.C. is concerned, it can only decide possession of the party on the date of dispute.

JUDGMENT :

1. The case is called out.

2. Learned counsel for the petitioner Mohd. Waris Farooqui, Advocate and learned A.G.A. for the State Sri Balkeshwar Srivastav, Advocate are present in the Court.

3. The present writ petition is filed for seeking following relief:-

"Issue a writ, order or direction in the nature of mandamus commanding the Sub Divisional Magistrate (opposite party no.1) to decide the application moved by the private respondents under Section 145 (1) Cr.P.C. (Case No.1916 of 2021, Narsingh Narayan Mishra and another Vs. Shrawan Kumar Kaushal) within a time specified by this Hon'ble Court in the light of the report submitted by the police concerned and tehsil authorities (Annexure No.3 and 4 to the writ petition).

4. The Said relief is sought in the circumstance as stated in the pleading itself by the petitioner, as the Opposite Party No.1-Sub Divisional Magistrate, Tehsil Utraula, District Balrampur is not taking any decision upon the application moved by the private respondent (opposite party nos.2 & 3) namely Narsingh Narayan Mishra and Upendra Narayan Mishra under Section 145 Cr.P.C.

5. The petitioner has not stated the detailed description of the property under dispute between the contesting parties to the petition namely the petitioner and the private opposite party nos.2 & 3 nor has described the nature of the dispute, however, it is referred in para 3 of the petition that on 05.02.2021, an application was moved under Section 145 Cr.P.C. before the Court of Sub Divisional Magistrate, Tehsil Utraula, District Balrampur which is annexed as annexure no.1 to the petition. The application which is moved by the private opposite party nos.2 & 3 reveals a dispute with regard to the land property being part and parcel of the gata no.711 recorded in the revenue records as abadi. A map is drawn at the bottom of the application showing the possession on the spot of the disputed property abutted on the northern boundary, the house of opposite parties is situated, the southern boundary of the disputed property is abutting the house of one Ram Gopal. The opposite parties claimed themselves in possession of the said disputed land since before 78 years from the time of their ancestors.

6. It is further claimed by the opposite parties that the present petitioner (opposite party in application under Section 145 Cr.P.C. aforesaid) have illegally occupied and possessed forcibly the land without having any delay.

7. It is pertinent to state here that even the petition has not pleaded the title over the disputed land if belongs to the petitioner. An order of status quo was passed by the learned Sub Divisional Magistrate with the registration of application directing the parties to maintain status quo.

8. It is further stated in para 6 of the petition that Revenue Inspector/Tehsildar on the direction of Sub Divisional Magistrate conducted an inquiry and submitted it’s report on 12.04.2021 alongwith statement recorded during the course of inquiry and an objection against the proceeding was filed by the petitioner on 09.03.2021 before the Sub Divisional Magistrate.

9. On 24.03.2021, a Civil Suit was filed before the Court of Civil Judge, Senior Division, Balrampur bearing Original Suit No.66 of 2021 (Virendra Prasad Vs. Santosh Mishra). The said defendant namely Santosh Mishra in civil suit is stated to be real uncle and cousin of the petitioner. The plaintiff has not impleaded the petitioner as party, therefore, he moved an application under Order 1 Rule 10 (2) C.P.C. to implead him as party-defendant. Accordingly, the Court passed the order directing the plaintiff for impleadment of petitioner-opposite party in the said suit on 09.08.2021. Copy of the said order alongwith copy of the application under Order 1 Rule 10 (2) C.P.C. is also made annexure to the petition.

10. Copy of the order dated 24.03.2021 passed by the trial court shows that on the consensus of the plaintiff of the Original Suit No.66 of 2021 and then existing defendant