NANDKISHORE PRASAD SINGH Vs. RADHAKISHUN

JUDGEMENT

(1.) This is an application by the first party for revision of an interlocutory order passed in a proceeding under Section 145, Criminal P.C., which is still pending. The subject-matter of the dispute is 760 bighas of land in village Amousi, police- station Khagaria, district Monghyr. On receipt of a police report, which disclosed that there was a serious apprehension of breach of the peace, the Sub divisional Officer, Monghyr Sadar, drew up on 28 October 1941 a proceeding under Section 144, Criminal P.C., against both parties concerned asking them not to go upon the disputed land. They were called upon to show cause, if any, on 12th November 1941.

(2.) On that date both parties being absent, the case was adjourned to 24th November. On this date the second party filed a petition showing cause, but the first party was absent. The case was ordered to be put up on 14 December. The parties, however, were ultimately heard on 19 December 1941 and on that date the learned Magistrate passed the following order: Heard parties at length. It appears that both parties have documentary evidence in support of title and possession and this matter should be properly thrashed in a proceeding under Section 145, Criminal P.C., and not in a proceeding under Section 144, Criminal P.C. About 700 bighas of lands are involved and there has been compromises at different stages. I attach all the crop under Section 145(4), Criminal P.C., and direct the S.I. to sell the crop of the land to the highest bidder and deposit the sale proceed into the Treasury. Both parties should file their w/s by 2 January, 1942. The land will be settled to the highest bidder if need be for a period of one year.

(3.) In pursuance of this order the khesari crop which was then standing on the land was sold and it was purchased by the first party. On 2 January, 1942 the following order was passed: I find that proper identification of the lands have not been given. Will the S.I. give full details of the land in order to draw up the proceeding properly? After the full details of the disputed land were obtained the proceeding under Section 145, Criminal P.C., was formally drawn up and signed on 14 February 1942. On 25 February 1942 the following order was passed: Second party files petition for time. First party is absent. S.R. of proceeding not received. Put up on 14 March 1942. Takid for S.R. Let both party bid for the settlement of the land for one year.