IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.19590 OF 2007 JYOTISH CHANDRA KARMKAR, SON OF LATE BIHARI LAL KARMKAR, RESIDENT OF VILLAGE KHARSOTA, POLICE STATION AZAM NAGAR, DISTRICT KATIHAR ………………………………………………….PETITIOENR VERSUS 1. THE STATE OF BIHAR 2. ABDUL SAMAD, SON OF HAJI WAZED ALI 3. ABDUL KUDDUS, SON OF HAJI WAZED ALI 4. SK. IBRAHIM, SON OF HAJI WAZED ALI 5. SAIBUL RAHMAN, SON OF HAJI WAZED ALI 6. MUKHTAR HUSSAIN, SON OF HAJI WAZED ALI 2-6 RESIDENT OF VILLAGE KOLHAN, POLICE STATION AZAM NAGAR, DISTRICT KATIHAR 7. MD. HAZRAT, SON OF NOT KNOWN, RESIDENT OF VILALGE SENAK OF LALGANJ PANCHAYAT, POLICE STATION PRANPUR, DISTRICT KATIHAR 8. MD. MOFIZUDDIN, SON OF NOT KNOWN, HALKA KARAMCHARI OF KHARSOTHA GRAM PANCHAYAT, POLICE STATION AZAM NAGAR, DISTRICT KATIHAR ……………………………………………………………………OPPOSITE PARTIES ******** 6 04/01/2011 The petitioner who is the complainant has moved this Court against the order dated 08.11.2006 passed by the Additional Sessions Judge, Fast Track Court No. II, Katihar in Criminal Revision No. 73 of 2000 by which the order dated 11.08.2000 passed by the Judicial Magistrate, 1st Class, Katihar dismissing the Complaint Case No. 1285 of 1999 has been affirmed. Both parties are claiming title to the lands whereas the civil suit is pending between the parties with respect to Khata No. 87, Plot No. 430. The petitioner claims to have purchased the land from Niranjan Thakur on 17.12.1990, whereas Abdul Samad, Opposite Party No. 2 has purchased the land 2 from Ravindra Nath Chakraborty on 05.06.1982. From the order of the Revisional Court, it would appear that Opposite Party No. 2 had got his name recorded in the records of right and was granted rent receipts. On the other hand, Counsel for the petitioner submits that he is in possession of the land and the Opposite Parties are disturbing his possession which has led to the filing of the present case. Considering that there is a disputed over the title of the lands in question, I am not inclined to interfere with the concurrent findings of the Courts below. In the result, this application is dismissed. Anand ( Sheema Ali Khan, J. )