IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38457 of 2009 JAMUN MAHTO, SON OF LATE JIBACHH MAHTO, RESIDENT OF VILLAGE MALANGIYA, P.S. RAHIKA, DISTRICT MADHUBANI. ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. SIYA LAL MAHTO, SON OF LATE RAMESHWAR MAHTO, RESIDENT OF VILLAGE MALANGI, P.S. RAHIKA, DISTRICT MADHUBANI. ----- OPPOSITE PARTIES ----------- 2 20.11.2009 Heard the parties. This application has been filed against the order dated 5.1.2009 passed by the Sub-divisional Magistrate, Madhubani and the order dated 1.8.2009 passed by the Additional Sessions Judge, Fast Track Court No. III, Madhubani. By order dated 5.1.2009 the S.D.O. has issued notice to the petitioner in a proceeding under Section 133 of the Code of Criminal Procedure. The Revisional Court has found no illegality in the order dated 5.1.2009 and rejected the revision filed on behalf of the petitioner. Learned counsel for the petitioner submits that as far back as in the year 1994 a proceeding under the B.T. Act was instituted. In that proceeding the Court came to a finding that the claim of the opposite party no. 2 is not made out and that Khesra No. 2500 measuring 1 decimal had a house and Sahan belonging to the petitioner. Learned counsel further submits that a proceeding under Section 133 cannot be instituted if the land is a private land. It is further submitted that he apprehends that his possession would be disturbed by continuation of this proceeding. The S.D.O., Madhubani will undoubtedly consider the documents of title produced by the petitioner and also examine witnesses of the parties before concluding the proceeding under 2 Section 133 of the Code of Criminal Procedure. It would also be important and relevant if the S.D.O., Madhubani gets a spot enquiry made with respect to the land in question after giving notice to the petitioner and the opposite party who claims that he has a right of on the said land. I do not see any reason to interfere with the order issuing notice under Section 133 of the Code of Criminal Procedure. This application is disposed of with the aforesaid observations and directions. Sanjay (Sheema Ali Khan, J.)