IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.1042 of 2017

Arising Out of PS. Case No.-236 Year-2014 Thana- COMPLAINT CASE District- Sheohar

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1.

Anirudh Sah @ Anirudh Prasad Sah, S/o Ramabtar Sah,

2.

Brahma Nand @ Kumar Babu S/o Anirudh Sah,

Both R/o Village- Nayagaon, P.S.- Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

1.

The State Of Bihar

2.

Sri Narayan Prasad S/o Late Sukh Lal Sah, R/o Village- Nayagaon, P.S.-

Piprahi, District- Sheohar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Anil Kumar

For the Respondent/s

:

Mr. Parmanand Prasad

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

JUDGMENT AND ORDER

C.A.V.

Date : 03-11-2023

The present revision application arises out of the order,

dated 26.07.2017, passed, in Case No. 236 of 2014, by the Sub

Divisional Magistrate, Sheohar, whereby a proceeding, under

Section 146 (1) of the Code of Criminal Procedure, for attachment

has been initiated and the Circle Officer, Piprahi, has been

appointed as receiver of plot no. 8089, having an area of 16

decimals and plot no. 8090, having an area of 14 decimals, situated

in village Ambakala Tola, Nayagaon, Police Station Piprahi, in the

district of Sheohar.

2. The brief facts, giving rise to the present revision

application, is that on 08.07.2014, the Opposite Party No. 2 filed

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an application in the Court of Sub Divisional Magistrate, Sheohar,

for initiation of a proceeding under Section 144 of the Code of

Criminal Procedure against the petitioner and his family members,

claiming that they have dug a ditch upon plot no. 8088, khesra no.

1620, over which the Opposite Party No. 2 is having possession

and has been living peacefully. The area of plot no. 8088, in

question is 12.5 decimals. The said case was registered as Case

No. 236 of 2014 and notices were issued to the petitioners and

others on 10.07.2014. The Opposite Party no. 2, on 11.08.2014,

filed a petition, stating therein that adjacent to the disputed land,

i.e. plot no. 8088, there is land of the petitioners, bearing plot nos.

8089 and 8090, in which the petitioners have dug a ditch.

Therefore, now, plot nos. 8088 and 8090 became disputed.

Accordingly, the Opposite Party No. 2 prayed to convert the

proceeding under Section 145 of the Code of Criminal Procedure.

3. The petitioners filed their show cause on 21.08.2014,

stating that the correction of wrong entry of 4.5 decimals of land,

in plot no. 8088, in the revisional survey has been made in Case

No. 09 of 1981 by the Consolidation Officer, Piprahi, and after

correction, 4.5 decimals of land came in plot no. 8090 from plot

no. 8088, by order, dated 13.11.1981 (Annexure 3). The said land

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is in the share of the petitioners, as per the partition deed, dated

08.05.1956.

4. After partition, the father of the petitioners purchased

plot nos. 8091 and 8439, having an area of 50 decimals in the

name of the mother of the petitioners, namely, Ram Badan Devi.

Therefore, in the revisional survey, the khatiyan of aforesaid land

was made in the name of Ram Badan Devi for 50 decimals of land.

5. On 06.09.2014, the Sub Divisional Magistrate,

Sheohar, converted the proceeding from 144 to 145 after arriving

at the finding that there is question of possession over the disputed

land.

6. The Opposite Party No. 2 filed a petition on

18.11.2014 to include plot no. 8089 and 8090 in the present

dispute on the ground that plot nos. 8088, 8089 and 8090 is

conjoint and mixed up.

7. On 05.01.2016, the Opposite Party No. 2 filed a

petition under Section 146 (1) of the Code of Criminal Procedure

for attachment of disputed land and appointme