BALDEO RAJ SACHDEVA AND ORS. Vs. MAHABIR OJHA AND ANR.

JUDGEMENT

(1.) This application in revision is directed against the order dated the 12th April, 1971 by which the sub -divisional Magistrate, Giridih, has started a proceeding under Sec. 145 of the Code of Criminal Procedure and has asked both the petitioners and the opposite party to refrain from going upon the land in dispute. The subject of dispute is coal and fireclay an dhawra of Ghutway Colliery over an area of 850 bighas situate within Chandrapura Police Station, in the district of Hazaribagh.

(2.) Petitioners 1 to 4 are partners of a registered firm styled as S.S. Mining Corporation. Prabhat Kumar Banerjee (petitioner no. 7) is an employee of that Corporation.

(3.) The subject of dispute originally belonged to the family of Jai Kumar Ojha, brother of Sarwan Kumar Ojha (opposite party no. 2). The partners of S.S. Mining Corporation acquired it by means of three registered documents dated 5.8.1969, 30.12.1969 and 30.12.1969 executed by Jai Kumar Ojha as the Karta of the family. On 6.7.1970, Jai Kumar Ojha had executed a general power of attorney also in favour of S.S. Mining Corporation. Since it concerned mining operations, permission of the State Government was obtained and a deed of agreement was executed in favour of the S.S. Mining Corporation on 19.5.1970. In this manner the petitioners claim possession over the subject of dispute from 5.8.1969 after payment of more than a lac of rupees to the family of Jai Kumar Ojha, brother of opposite party no. 2.