IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C-482 No. 582 of 2010 Sitam Singh & another ` …….Applicants. Versus State of Uttarakhand & another ……Respondents. Mr. Parikshit Saini, Advocate for the applicants. Mr. Nandan Arya, learned Assistant Government Advocate for the State of Uttarakhand. Mr. Manish Arora, Advocate for respondent no. 2. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard learned counsels for the applicants as well as the respondents. This Criminal Misc. Application under Section 482 of Cr.P.C. has been filed by the applicants challenging the proceedings under Sections 145/146(1) of Cr.P.C. There seems to be a protracted litigation between the parties relating to agricultural land. A civil litigation admittedly is pending before the parties in the Civil Court. Now in the proceedings under Sections 145/146 (1) the Sub Divisional Magistrate has to decide as to which was the party, which was in possession of the property at the relevant time. In spite of the order dated 3.6.2009 of the District Magistrate, Haridwar whereby the direction was given to the Sub Divisional Magistrate to dispose of the matter on its merit within one month, the same has not been done so far. This is what the applicants contend before this Court. In the interest of justice, after hearing both the parties at length, the learned counsel for both the parties agreed that the matter be disposed of with the direction to the Sub Divisional Magistrate, Roorkee, Haridwar to take a final decision in the matter under Section 145/146(1) of Cr.P.C. after considering the entire evidence submitted by both the parties. As such, the Sub Divisional Magistrate, Roorkee, Haridwar is hereby directed to take a final decision in the matter after considering the entire evidence submitted 2 by both the parties within a period of six weeks from the date a certified copy of this order is produced before him. With these observations, the present C-482 application is disposed of. No order as to costs. Registry is directed to send a copy of this order to the court concerned for necessary compliance. (Sudhanshu Dhulia, J.) 18.8.2010 Avneet