IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.11961 OF 2009 TRIYUGI NARAYAN SINHA @ TRIYUGI SINGH, SON OF LATE HARINANDAN PRASAD SINGH, RESIDENT OF VILLAGE BITHRA, POLICE STATION MANIKPUR (KURTHA), DISTRICT ARWAL VERSUS 1. THE STATE OF BIHAR 2. AMIT KUMAR, SON OF SHRI SURESH CANDRA, AT P.O. BITHRA, POLICE STATION MANIKPUR (KURTHA), DISTRICT ARWAL ……………………………………………………………………..OPPOSITE PARTIES ********* 4 09/12/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order by which 145 proceeding has been initiated by the Sub Divisional Officer, Arwal. Learned Counsel for the petitioner submits that earlier a petition was filed by the 1st party/Opposite Party under Section 144 of the Code of Criminal Procedure. The proceeding was dropped as the Opposite Party could not produce any documents to show his title over the lands. The case of the 1st party/Opposite Party is that he is claiming the land on the basis of BEDLAIN, whereas the petitioner is claiming the property on the basis of a sale deed. After the proceedings us 144 of the Code of Criminal Procedure was dropped, an application was again filed by the 1st party/Opposite Party in which he has stated that there is likelihood of breach of peace. The Sub Divisional Officer had called for a report from 2 the concerned Police Station. The petitioner has annexed the report dated 27.05.2009 filed by the Officer-in- charge, Manikpur O.P. and the report dated 30.05.2009 of the Superintendent of Police indicates that there is likelihood of breach of peace over the plot of land. It is admitted fact that the 2nd party/petitioner is trying to raise a house over the said land and infact has built up to the plinth level of the house. Counsel for the petitioner submits that the proceeding under Section 145 of the Code of Criminal Procedure is unwarranted as 7-days earlier, the proceeding had been dropped in favour of the petitioner. It is also submitted that the report of the local Police Station indicates that the 1st Party has no ground to claim the land. The Sub Divisional Officer has proceeded on the report dated 30.05.2009. In the result, I direct that the Sub Divisional Officer, Arwal should take into account the documents of the parties and after looking into the documents and hearing the parties pass an order within a period of six months on receipt/production of a copy of this order. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)