NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 719 of 2022

1. Vikas Agrawal S/o Vishwanath Agrawal Aged About 35 Years Resident Of Village Bagicha, District : Jashpur, Chhattisgarh

2. Kamal Narayan S/o Gopal Aged About 51 Years R/o Village Sardhapath, Tahsil Bagicha, District : Jashpur, Chhattisgarh ---- Petitioners Versus

1. State Of Chhattisgarh Through The Sub Divisional Magistrate , Bagicha, District : Jashpur, Chhattisgarh

2. Ramji Yadav S/o Nanku Yadav Aged About 69 Years Caste Ahir, Resident Of Village Kurkuriya, Police Chowki Pandrapath, Tahsil Sanna, District : Jashpur, Chhattisgarh

3. Ramprasad Yadav S/o Nanku Yadav Aged About 73 Years Caste Ahir, Resident Of Village Kurkuriya, Police Chowki Pandrapath, Tahsil Sanna,, District : Jashpur, Chhattisgarh

4. The Collector Jashpur Nagar, District : Jashpur, Chhattisgarh ---- Respondents For Petitioners : Mr. Jitendra Kumar Saxena, Advocate For State : Mr. R. C. S. Deo, Panel Lawyer For Respondent Nos. 2 & 3 : Mr. Vivek Kumar Agrawal, Advocate Hon'ble Shri Justice Narendra Kumar Vyas

Order on Board

13.02.2024

1. The petitioners have filed the present Cr.M.P. challenging the order dated 09.03.2022 (Annexure - P/1) passed by the learned Sessions Judge, Jashpur, District Jashpur (C.G.) in Criminal Revision No. 02/2022 by which the revision petition against the order dated 15.12.2021 passed by the Sub Divisional Magistrate, Bagicha in Criminal Case No. 202112031300009 in case of Ramji Yadav Vs. Vikas Agrawal, has been dismissed.

2. The brief facts reflected from the record are that the respondent Nos. 2 & 3 filed an application before the Collector, Jashpur (C.G.) for declaring the lease and sale deed of land bearing Khasra No. 82 ad-measuring 12 acre land which is a grass land and situated at village Kurkuriya. It has also been contended that at the time of division of Khasra No. 82, 3.00 acre land has been allotted to Ameen S/o Bhukanath on lease and 3.50 acre land from Khasra No. 82 has been given to Chaitu on lease, but the lease holders have neither taken possession nor done the agricultural work. It has also been contended that the lease holder has sold 3.5 acre land to the present petitioner No. 1 without leave of the Collector and the name of petitioner No. 1 is also recorded in the revenue record. It has also been contended that land bearing Khasra No. 82/4 area 3.50 acre without permission of the Collector has been sold to the petitioner No. 2, as such the sale deed are illegal and would pray for declaring the sale deed to be null and void.

3. Learned counsel for the petitioners would submit that in view of the application/complaint submitted by respondent Nos. 2 & 3, the Tehsildar has passed order on 23.09.2021 granting stay and directed to maintain status quo with regard to the property in question. Thereafter, respondent Nos. 2 & 3 filed an application under Section 145 and 146 of the Cr.P.C. before the Sub Divisional Magistrate, Bagicha mainly contending that there is chance of nuisance or there is a possibility of in danger of peace and tranquility of the area as the petitioner No. 1 is capable of doing assault upon them, as such, they have moved an application under Section 145 & 146 of the Cr.P.C. before the Sub-Divisional Magistrate, Bagicha, District- Jashpur on 01.12.2021, who vide order dated 15.12.2021 allowed the application directing for seizing the standing crop which was kept with the Gram Panchayat on supurdnama. Being aggrieved with this order, the petitioners have preferred revision petition before the Revisional Court.

4. Learned Revisional Court has dismissed the revision by holding that the revision petition is not maintainable. Being aggrieved with both these the petitioners have preferred present CRMP under Section 482 of Cr.P.C.

5. Learned counsel for the petitioners would submit that the petitioners have purchased the property through the registered sale deed, as such, he is the title holder of the property and, as such, the Sub-Divisional Magistrate