IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37308 of 2008 NARAIN PRASAD SINGH @ NARAIN SINGH, son of late Damodar Singh, village Chandpur, PS Neema Chandpur, Dist. Begusarai – Petitioner. Vs. 1. The State of Bihar, 2. Nand Kishore Singh, son of Damodar Singh, village Chandpur, PS Neema Chandpur, District Begusarai – opposite parties. 2 17.11.2009 Heard learned counsel for the parties. This application has been filed against the order, dated 18.8.2008 passed by the Chief Judicial Magistrate, Begusarai in Neema Chandpur PS Case No.3/2008 by which the tractor has been released in favour of the informant Nand Kishore Singh. Learned counsel for the petitioner submits that the District Transport Officer had noticed opposite party no.2 to appear to show cause as it is contended that the ‘No Objection Certificate’ and the registration of the tractor is not in favour of the opposite party no. 2. The opposite party no.2 could not appear in that case as it is said that he was not validly served the notice. The Chief Judicial Magistrate has found that the chesis and the engine number has been changed by punching a new number. Learned counsel for opposite party no.2 has remedy of appeal against the order of the District Transport Officer. It appears that both the parties are agnates and are claiming that the tractor was given as share in the family partition. These facts are disputed and hotly contested by opposite party no.2 and he does not agree that he had ever signed over the family partition relinquishing the tractor in favour of the petitioner. 2 Be that as it may, where there is a dispute regarding ownership and the question of ownership of the tractor is under challenge, I do not think that the tractor should be released in favour of any one party unless facts such grant of No Objection Certificate, ownership documents are finally verified and put to rest by appropriate authorities. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)