IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.902 of 2009 SHEELA GUPTA & ORS Versus STATE OF BIHAR & ORS ----------- 2 23.7.2010 The petitioners pray for issuance of appropriate direction to the respondent authorities particularly the Sub Divisional Magistrate, Khagaria, respondent no.3, to pass appropriate order under section 145(6)Cr.P.C. for restoring possession of lands to the petitioners in terms of order dated 7.5.1987 passed in Case No.659(M) of 1977. The petitioners state that the Executive Magistrate by order dated 7.5.1987 found that the petitioners were forcibly dispossessed within sixty days of drawing up of the proceeding on 19.10.1977 and as such they filed an application for restoration of their possession before the learned Magistrate. The learned Magistrate observed that till the possession is set aside by a Civil Court of competent jurisdiction, the petitioners, first party, would be deemed to be in possession of the aforesaid property. However, no order regarding restoration of the possession was passed by the learned Magistrate. The petitioners thereafter filed Cr.W.J.C.No.4 of 1999 before this court and this court by order dated 29.3.2000 directed the S.D.M., Khagaria to dispose of the application filed by the petitioners under section 145(6) Cr.P.C. within a stipulated period. As no order was passed, a contempt application being M.J.C.No.2073 of 2002 was filed. The petitioners state that having 2 come to know about the filing of the Contempt application, the Executive Magistrate in haste dismissed the application under section 145(6) Cr.P.C. on 3.12.2002. Thereafter, the petitioners filed a Criminal Revision No.145 of 2003 before the learned Additional Sessions Judge, F.T.C.V, Khagaria who by order dated 31.12.2002 set aside the order of the Executive Magistrate rejecting the application of the petitioners under section 145(6) Cr.P.C. Being aggrieved by the aforesaid order dated 31.12.2002, the Opposite parties moved this court in Criminal Revision No.772 of 2005 which was dismissed by order dated 28.3.2006 holding that Opposite party nos.2 to 4, who are petitioners in this writ petition, would be entitled for restoration of possession. It appears that the Executive Magistrate by order dated 7.5.1987 passed in Case No. 659(M) of 1977 found that the petitioners were forcibly dispossessed within sixty days of drawing up of the proceeding under section 145 Cr.P.C. on 19.10.1977. He further observed that till the possession is set aside by a Civil Court of competent jurisdiction, the petitioners, first party, would be deemed to be in possession of the aforesaid property. Following the aforesaid order, this court in Cr. Revision No.772 of 2005 by order dated 28.3.2006 has observed that Opposite parties 2 to 4, who are petitioners in this case, would be entitled for restoration of possession. In the aforesaid background of the case, the order dated 7.5.1987 passed in Case No.659(M) of 1977 attains finality 3 KHAN and has also got approval of this court by order dated 29.3.2000 passed in Cr. W.J.C.No.4 of 1999 as well as order dated 28.3.2006 passed in Cr. Revision No.772 of 2005. The respondent authorities are directed to ensure the compliance of these orders within a period of four months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)