- (1.) Heard learned counsel for the petitioners. No one appears on behalf of the State, however, learned counsel for the opposite party Nos. 1 to 10 is present. By means of this application the petitioners have challenged the entire proceedings as well as the order dated 27.4.2001 passed by the learned Sub-Divisional Magistrate, Chas in M.P. Case No. 116 of 2001 by which a proceeding u/s. 145 of the Code of Criminal Procedure (Cr.P.C.)., was initiated in which it was contended that a tank known as Barabandh comprising an area of 13.75 acres pertaining to plot Nos. 564 and 432 under Khata No. 77 in Mouza-Pindrazora belonging to them and their co-sharers, which was used for rearing fishes, was settled in favour of Shiv Rai Pandey vide registered Patta dated 25.5.1911.
(2.) Earlier also a proceeding was initiated u/s. 145 Cr.P.C. being M.P. Case No. 99 of 1917, when the settlers attempted to take possession of the tank but the same was decided in favour of the opposite parties herein on 3.8.1917. It was further contended that wrong entries were made in the Khatiyan during the last survey. The ancestors of the petitioners in this application, had filed a title suit being Title Suit No. 73 of 1973, which was dismissed on 23.1.1978 for default. In such circumstances, a prayer was made for initiation Of a proceeding u/s. 145 Cr.P.C.
(3.) Based on the application vide order dated 21.3.2001, the learned Sub-Divisional Magistrate, Chas issued a direction for initiation of a proceeding u/s. 145 Cr.P.C. and called for a report from the Anchal Adhikari and ultimately vide order dated 27.4.2001 a proceeding under Section 145 Cr.P.C. was drawn up against the members of both the parties.;