JAGAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 29.7.1999 passed by the Executive Magistrate, Katihar in Case N0.132M of 1996, whereby a proceeding under Section 144 of the Code of Criminal Procedure was converted to a proceeding under Section 145 of the Code of Criminal Procedure in respect of land appertaining to Khata No.23, C.S. 182 measuring 06.73 decimals. The petitioner has also prayed for quashing of an order issued by the Circle Officer, Katihar, whereby the petitioner was noticed to vacate the land in question in the light of order passed by the Executive Magistrate in Misc. Case No.132 of 1996.

(2.) In the case, initially a proceeding under Section 144 of the Code of Criminal Procedure was initiated on the application filed by opposite party no.2. However, subsequently, on 29.7.1999, the proceeding initiated under Section 144 of the Code of Criminal Procedure was converted to a proceeding under Section 145 of the Code of Criminal Procedure and possession over the land in question was declared by the Executive Magistrate in favour of opposite party no.2. After the order was passed by the Executive Magistrate, the Circle Officer vide Annexure-2 directed the petitioner to vacate the land.

(3.) Shri Praween Kumar Jaipuriyar, learned counsel appearing on behalf of the petitioner has argued that immediately after receipt of the notice in the proceeding, the petitioner had filed a petition before the learned Magistrate disclosing therein that for the same land in question, the opposite party no.2 had filed a suii vide Title Suit No.16 of 1992. It was also clarified that the petitioner was in peaceful possession over the land in question. Despite the fact that the petitioner had brought on record sufficient material the learned Executive Magistrate has passed the impugned order. Shri Jaipuriyar has referred to Annexure-3 to the petition, which is a decree prepared in Title Suit No.16 of 1992. It was submitted that for the same land, which is in possession of the petitioner, the opposite party no.2 had filed aforesaid suit in the court of Sub Judge-Ill, which was subsequently rejected and in the said case, decree was prepared in favour of the petitioner. On the aforesaid ground, it was submitted that once the matter was already adjudicated by a court of civil jurisdiction, the learned Executive Magistrate was not authorized to initiate a proceeding as alleged in the present petition and accordingly, it has been prayed to quash both the orders i.e. order of Executive Magistrate and Circle Officer.