D.K.SINHA,J. - (1.) THE petitioners have invoked the extraordinary writ jurisdiction under Article 226 of the Constitution of India for quashment of the proceeding under Section 144 Cr.P.C. which was later on converted into one under Section 145 Cr.P.C. by the Sub Divisional Magistrate, Barhi in Misc. Case No. 71 of 2007.
(2.) THE short facts of the case are that the petitioners had purchased part of the land measuring about 34 decimals appertaining to Khata No.29, Plot No. 903 situated at village Chauparan within the district of Hazaribagh through registered sale deed No. 7666 dated 18.05.2005 from the rightful owner of the land. After purchasing the said land, the petitioners got their names mutated and obtained the rent receipts and have been paying the rent regularly. After some time, they constructed a residential house over the purchased plot where they started living. The petitioners herein alleged that the respondent No.3 with the ulterior motive filed a Title Suit No.140/2006 in the Court of Subordinate Judge, Hazaribagh against the petitioners and other persons for the declaration that the sale deed being No. 7666 dated 18.05.2005 executed in favour of the petitioners was illegal and not binding upon him, though the copy of the plaint of the suit has not been brought on the record.
(3.) THE Counsel for the petitioners urged that the subject matter of the suit as described in Schedule II of the plaint of the Title Suit No. 140 of 2006 was as follows: - " Land Situated at village Chouparan, Police Station -Chouparan, Thana No. 64, District -Hazaribagh, Khata No.29, Plot No. 903, Area 0.34 acres out of 1.02 acres bounded on North -Land of Harun Rashiq. South -Land of Padarath Singh in the same plot. East -Land of Khedan Sarhi. West -Simana Manza Domadadi.  ;