SHIBNARAYAN DAS Vs. SATYADEO PRASAD

JUDGEMENT

(1.) This is an application by the second party in a proceeding under Section 145, Criminal P. C, against an order declaring the first party to be in possession of the disputed land. The dispute relates to 2 bighas 3 kathas 10 dhurs of land comprised in plots Nos. 897, 898, 899 in khata No. 424 and plots Nos. 878, 879 and 894 in khata No. 425, situated in Darbhanga town. On 23 October 1940, an apprehension of a breach of I the peace between the two parties regarding possession of the disputed land was reported by a constable at the Town Police Station. On this report the Assistant Sub-Inspector made an inquiry, after which he submitted a report, dated 1 November 1940, endorsed by the Sub-Inspector asking for issue of notice under Section 144, Criminal P.C., against the first party. On 18 November 1940 Satyadeo Prasad of the first party filed in the Court of the Sub-divisional Officer, Darbhanga, a petition of protest, praying for issue of notice on the second party not to disturb his possession over the disputed land. On 19th November 1940 the Magistrate passed the following order: From police report it appears that there is a likelihood of a breach of the peace. It is not understoode why the Sub-Inspector waited unusually long; for the second party and so the protest-petition seems to have some weight. Let Mr. S.K. Sher enquire into the matter and report by 3 December 1940; in the meantime I prohibit both the parties from going upon the land.

(2.) Mr. Sher, Deputy Magistrate, held an inquiry and submitted his report on 10th December 1940 in which he said: At present there is absolutely no apprehension of breach of the peace as the only crop on the disputed plot is rahar which will be fit for cutting after a few months. Hence I would recommend that the present dispute ought to be decided under Section 145, Criminal P.C., and not under Section 144, Criminal P.C.

(3.) Upon this report the Sub-divisional Officer passed the following order on 16th December 1940: Bead report of Mr. Sher and the petition of the second party. Whenever there is any cultivation there would be trouble. As recommended by Mr. Sher draw up proceeding under Section 145, Criminal P.C., calling upon the parties to file written statements by 10 January 1941. A copy of the proceedings should be served upon the land.