Anand Prasad Sinha, J. - (1.) The petitioners, who were the members of the 2nd party in a proceeding under Sec. 144 of the Code of Criminal Procedure (hereinafter to be referred to as the Code), have challenged the order dated 5 -9 -1983 passed in case No. 1267 (M) 83 by which a proceeding under Sec. 144 of the Code has been initiated in which opposite party No. 2 was the first party. The proceeding had been initiated on the basis of the report of the Officer Incharge of Rani Talab police station. The dispute was for possession of plot No. 792, appertaining to Khata No. 23 having an area of 2 khathas situated in village Kanpa. By the impugned order the petitioners and opposite party No. 2 have been restrained from going over the land in dispute.
(2.) According to the case of the petitioners, the disputed plots of land had been purchased and thereafter their names had been mutated. Earlier, on account of enmity with the Sarpanch due to Gram Panchayat election, a false claim and dispute had been raised by opposite party No. 2 leading to a proceeding under Sec. 144 of the Code having been drawn by the Sub -divisional Magistrate, Danapur, on 30 -6 -1982. Both the parties when restrained, show cause had been asked for. The proceeding was, on the basis of the report of the local Sarpanch. The then learned Sub -divisional Magistrate by an order dated 7.10.1982 has made the rule of restraint absolute against opposite party No. 2 and he was restrained from going over the disputed land. Even then, a proceeding under Sec. 145 of the Code had been drawn on 5 -11 -1982 with respect to the same lands and parties which by an order dated 11 -4 -1933 had been decided in favour of the petitioners.
(3.) According to the assertion of the petitioners, opposite party No. 2 has managed to got up a proceeding again under Sec. 144 of the Code.;