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2001 DIGILAW 972 (PAT)

Shiv Shankar Jha @ Shib Shankar Jha v. Narendra Nath Jha

2001-10-12

P.K.DEB

body2001
Judgment 1. Heard learned counsel for both the parties. 2. This petition has been filed against the order dated 13.6.2001 passed by the Sessions Judge, Madhubani in Cr. Revision No, 1323 of 1998 whereby and whereunder the order passed by the Executive Court in M.R. Case No. 364/1998 under Section 144 Cr.P.C. on 30.7.1998 has been reversed. 3. On the face of it, it appears that there Is dispute between the parties in respect of a plot of land. Considering the show cause notice being issued and the reply filed thereof the Magistrate was satisfied that the Opposite Party was making apprehension of breach of peace and as such binding order has been passed. The same has been challenged before the revisional court, the revisional court has taken a different view to the effect that when the dispute is in respect of the land and when there are claims and counter-claims in respect of the plot of land, the parties should move before the Civil Court. On the face of it, it cannot be said that the order passed by the Sessions Judge is without jurisdiction. A binding order under Section 144 Cr.P.C. may be enforced for two months but that will not give any solution to the dispute between the parties and on that angle the learned Sessions Judge has passed such order. Even if the Sessions Judges order is now being enforced by this Court then also the consequence remains unsustainable in the law. The period of proceeding under Section 144 Cr.P.C. has long been elapsed. In that way, I am not going to interfere with the order passed by the Sessions Judge, but this much can be said that any observation made touching the title of possession of the party by the courts below shall not be binding or prejudicial to either of the parties in future litigation. 4. This revision petition is thus disposed of.