IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.266 of 2007 LAL BABU RAI Versus STATE OF BIHAR & ORS ----------- 5 8.8.2008 Heard learned counsel for the petitioner and the State as well as learned counsel appearing on behalf of private respondents. In the instant writ petition the petitioner seeks a direction to the respondents not to interfere with the peaceful possession of the land , which has been decided by the Executive Magistrate, Patna Sadar in favour of the petitioner by its order dated 27.9.1980 in a proceeding under section 145 Cr.P.C. passed in Case No.866(M)/78. Learned counsel for the petitioner submits that against the order dated 27.9.1980, no revision has been preferred. He further submits that the aforesaid proceeding under section 145 Cr.P.C. was started at the instance of private respondents. Learned counsel for the private respondents submits that the aforesaid proceeding was decided in favour of the petitioner in the year 1980 and the petitioner and the private respondents are agnates and descendants from common ancestors. He further submits that the learned court below wrongly declared the possession of the petitioner in a proceeding under section 145 Cr.P.C., and the same is subject matter of Title Suit No.8 of 2007 between the parties, which is pending before the court below. It is submitted that order under section 145 Cr.P.C. was passed 28 years ago and the respondents have acquired right to usage over the long years to the knowledge of the petitioner. - 2 - KHAN It is well settled that the possession declared by a Magistrate of competent jurisdiction in a proceeding under section 145 Cr.P.C. holds good till it is altered by any superior court or competent court. So far as the plea of respondents that he has acquired his right, title and interest over the disputed land over the years, it would be open to him to pursue his remedy available in law. With the aforesaid observations, this application stands disposed of. (S.P.Singh,J)