R.R. Prasad, J. - (1.) This application has been filed for quashing of the order dated 20.12.2011 passed in Cr. Rev.No.139 of 2006 whereby 5th Additional Sessions Judge, Hazaribagh affirmed the order dated 21.8.2006 whereby and where under Executive Magistrate, Hazaribagh in a proceeding under Section 145 of the Code of Criminal Proceeding declared the possession of opposite parties no.2 to 4 (1st party) over the land in question and also passed an order for restoration of the possession of the opposite parties as they had been dispossessed from the land during proceeding of the case.
(2.) A proceeding under Section 144 of the Code of Criminal Procedure was initiated with respect to a piece of land appertaining to Plot No.289, under Municipal Ward No.15 including tiled house situated at Hazaribagh. Subsequently, that proceeding was converted into a proceeding under Section 145 of the Code of Criminal Procedure.
(3.) The case of the first party (opposite parties 2 to 4) is that a piece of land bearing Plot No.289 under Municipal Ward no.15 (old word no.8), Hazaribagh including tiled house was purchased by Smt.Mundrika Devi by registered deed in the year 1952. Mundrika Devi died in the year 1974 leaving behind her husband Jagdish Mishra and two daughters, Chanchala Devi and Purnima Devi as her legal heirs. When Jagdish Mishra died, both the daughters partitioned the properties orally whereby land in question came to the share of Chanchala Devi who started paying rent and holding tax etc. When Chanchala Devi started construction over the said land, Brij Kishore Mishra, uncle of the second party created disturbance which resulted into a proceeding under Section 144 of the Code of Criminal Procedure. However, an order was passed in favour of Chanchala Devi. When Chanchala Devi died, her husband Binod Bihari Mishra and her two daughters and two sons came in possession over the land but the members of 2nd party started creating disturbances in the peaceful possession of the 1st party and therefore proceeding under Section 144 of the Code of Criminal Procedure got initiated.;