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2012 DIGILAW 1377 (PAT)

Ramadhar Lal v. State Of Bihar

2012-09-26

BIRENDRA PRASAD VERMA

body2012
ORDER Interlocutory Application No. 1251 of 2012. 1. The present Interlocutory Application has been filed on behalf of the petitioners stating therein that during the pendency of the present application petitioner no.1 Ramadhar Lal @ Ramadhar Prasad has passed away on 24.12.2011 leaving behind him his heirs and legal representatives mentioned in paragraph-4 of the interlocutory application. In the facts and circumstances, the prayer for substitution is allowed. The name of petitioner no.1 is directed to be expunged from the cause title and he is directed to be substituted by his heirs and legal representatives detailed in paragraph-4 of this application. Necessary correction in the cause title shall be made by red ink during the course of the day by the learned counsel for the petitioners positively and endorsement to that effect shall be made in remarks column of the order sheet. Re. Criminal Revision No. 111 of 2009 2. Heard learned counsel for the petitioners, learned Additional Public Prosecutor appearing on behalf of the State and the learned counsel appearing on behalf of the opposite party no.2. 3. It appears that with respect to a total area of 1 bigha 1 katha and 16 dhoors situate at village Baikunthwa, P.S. Ramnagar, District West Champaran, a proceeding under Section 145 Cr. P.C. was started by the learned Executive Magistrate, Bagaha giving rise to TR No. 16 of 1983. In the aforesaid proceeding the opposite party no.2 was the first party and the petitioners were the members of second party. By the order dated 11.03.1983 passed by the learned Executive Magistrate, Bagaha in the aforesaid proceeding under Section 145 Cr. P.C. possession of the petitioners, being the members of 2nd party in the proceeding, were declared with respect to the land in question fully detailed in the aforesaid order. 4. The opposite party no.2, being the member of the first party in the proceeding, and, being aggrieved by the aforesaid order, preferred Cr. Rev. No. 174 of 1983 before the learned Sessions Judge, West Champaran, Bettiah. Unfortunately, the aforesaid criminal revision application remained pending before the learned Sessions court for almost 25 years. 4. The opposite party no.2, being the member of the first party in the proceeding, and, being aggrieved by the aforesaid order, preferred Cr. Rev. No. 174 of 1983 before the learned Sessions Judge, West Champaran, Bettiah. Unfortunately, the aforesaid criminal revision application remained pending before the learned Sessions court for almost 25 years. By the impugned revisional order dated 11.09.2008, the order dated 11.03.1983 passed by the learned Executive Magistrate Bagaha has been set aside with an observation that both parties shall be at liberty to approach the civil court of competent jurisdiction for declaration of their right, title and possession over the lands in question. 5. After having heard the parties for some time, this Court is of the opinion that the nature of dispute raised on behalf of the parties with respect to the lands in question and basis of their claim of possession over the land in question cannot be effectively and conclusively decided in a proceeding under Section 145 Cr. P. C. In view of rival claims, the issues of right, title and possession can be effectively decided only by a civil court of competent jurisdiction. The learned Sessions Judge has rightly given liberty to both the parties to approach the civil court of competent jurisdiction for declaration of their right, title and possession over the lands in question. 6. In the given facts of the case, this Court is not inclined to exercise its revisional jurisdiction for setting aside the impugned revisional order dated 11.09.2008 and for reviving the original order dated 11.03.1983 passed by the learned Executive Magistrate, Bagaha or/and for remitting the matter back for fresh decision either by the learned Executive Magistrate, Bagaha or by the learned Sessions Judge, West Champaran, Bettiah. The aggrieved party shall be well advised to approach the civil court of competent jurisdiction for getting right, title and possession declared over the land in question. 7. If such a suit is filed, then any observations made either by the learned Executive Magistrate, Bagaha or by the learned Sessions Judge, West Champaran, Bettiah in their respective orders, shall not adversely affect the claim of right, title and possession of the parties over the lands in question, and same shall be decided strictly in accordance with law on the basis of materials/ evidence produced by the parties in the said civil suit. 8. 8. With the aforesaid observations and directions, the application stands disposed of.