IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18197 of 2021

Arising Out of PS. Case No.- Year-0 Thana- District-

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1.

Abdul Salam.

2.

Md. Yahya.

3.

Md. Zakarya.

4.

Kaushar.

All Ss/o Late Zamiruddin.

5.

Nauserawan

6.

Firoj Akhtar @ Chunnu.

Both Ss/o Late Nasiruddin.

7.

Md. Shamim Akhtar.

8.

Md. Fahim Ahmad.

Both Ss/o Late Mujibur Rahman.

9.

Md. Marghoob Ilmi.

10. Md. Lalfroz.

11. Md. Mahfooz Alam.

All Ss/o Late Mojahir Alam.

12. Md. Tanweerul Haque.

13. Md. Misbahul Haque.

Ss/o Late Fazal Haque.

14. Gheyasuddin.

15. Ghazanfar Alam.

Ss/o Late Md. Umar Hasan.

All Resident Of Mohalla- Banaulia, P.O- Biharsharif, P.S- Bihar, District-

Nalanda, Pin-803101.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Collector, Nalanda.

2.

The District Collector, Nalanda.

3.

The Sub Divisional Officer, Bihar Sub Division, Nalanda.

4.

The Deputy Collector, Land Reforms, Biharsharif, Nalanda.

5.

The Anchal Adhikari, Bihar Anchal, Biharsharif, Nalanda.

6.

The Station House Officer, Bihar Police Station, Nalanda.

7.

The Municipal Commissioner (Nagar Aayukt), Biharsharif Municipal

Corporation at and P.O.-Biharsharif, District-Nalanda, Pin-803101.

…..Opposite Parties 1^st set.

8.

Ashok Kumar @ Ashok Yadav Son of Late Mahavir Yadav.

9.

Niraj Kumar Son Of Kapildeo Prasad.

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10. Kishori Yadav @ Karu Gope Son Of Late Ram Prasad Yadav.

11. Mahesh Sao Son Of Late Krishna Sao.

All Residents Of Mohalla- Banaulia, P.O- Biharsharif, P.S- Bihar, District-

Nalanda, Pin-803101.

... ... Opposite Parties 2^nd set.

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Appearance :

For the Petitioner/s

:

Mr. Raj Kishore Prasad Singh, Advocate

Mr. Bal Bhushan Choudhary, Advocate

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL JUDGMENT

Date :05-05-2022

1. Heard learned counsel for the parties.

2. The petitioners have moved before this

Court for quashing of the:

(i) order dated 18.11.2019 passed by the

learned Sub Divisional Magistrate, Bihar Sharif,

(henceforth for short the ‘SDM’) Nalanda in Case No.

1622(M)/2019 by which proceeding under Section 144 of

the Code of Criminal Procedure (herein after referred to

the “Cr.P.C”) was initiated appertaining to disputed piece

of land at Mauza – Chainpura, Thana No. 111, Khata No.

190, Khesra No. 511 (Area 0.80 decimal) situated under his

jurisdiction and notices were issued to the petitioners as

also the opposite party, Circle Officer, Nalanda and the

Government Pleader No. 9 (Annexure-11);

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(ii) the order dated 16.01.2020 by which

the Opposite Party No. 3 dropped the said proceeding in

live with the Section 144 (4) of the Code of Criminal

Procedure.

3. The case as presented by learned counsel

for the petitioners is/are that:-

(i) the disputed plot is under their

possession much prior to the cadastral survey;

(ii) however, the Survey Authorities made

wrong entry in survey khatian prepared and published on

10.05.2010 as ‘Gair Majarua Aam Gaddha’ (ditch)

instead of ‘Gair Majarua Khas’;

(iii) as the original land lord, Syed Md.

Gafoor had already died, his heirs submitted a cess return

in 1928 with regard to the lands including the disputed one;

(iv) Bibi Kaniz Fatima, who was daughter

of Syed Abdul Gafoor came in exclusive possession of the

land after the death of her father and the same was settled

with the petitioner’s family in 1948 and rent receipts were

also granted in their names.

(v) in Rent Receipt No. 3919 of 1943, the

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father of the petition 1622 er nos. 1 to 4 paid full rents to

Bibi Moina Khatoon, who was the daughter of the Most.

Bibi Kaniz Fatima;

(vi) Zamiruddin