CRIMINAL REVISION No.866 OF 2005 ------- Against the final order dated 16.9.2005 passed in Cr. Revision No. 251 of 1990 by 1st Additional Sessions Judge, Bhagalpur setting aside the order dated 2.5.1990 passed in Misc.Case No. 205/1987 by Executive Magistrate, Bhagalpur ------------ Niranjan Jha son of Late Mahendra Jha, Resident of village Kola-Narayanpur, P.S.Jagdishpur,District Bhagalpur ---------------- Petitioner Versus 1. The State of Bihar 2. Chhanguri Paswan son of Govind Paswan 3. Chulahai Yadav son of Longi Yadav 4. Upendra Yadav 5. Bibhisan Yadav Both sons of Sahdeo Yadav All residents of Kola-Narayanpur, P.S. Jagdishpur, District Bhagalpur --------- IInd party-petitioner-opposite parties ****** For the petitioner: Mr. Amar Nath Mishra For the Opposite Parties: Mr. D.K.Pandey For the State: Mr. Matloob Rab, A.P.P. **** P R E S E N T THE HON'BLE MR. JUSTICE MANDHATA SINGH **** Mandhata Singh,J., There is claim and counter claim of the parties over new plot no. 258 corresponding to C.S.plot no. 327 appertaining to new khata no. 44 corresponding to C.S. khata no. 52 over an area of 62 decimals while the total area of the plot is 95 decimals. 2. Petitioner-1st party is claiming the land from Jailal Harijan and Bishwanath Harijan after purchasing the same on 4.3.1986 (Exhibit-3) while opposite parties – 2nd parties are claiming the same from Chedi Chamar dated 8.10.1986 (Exhibits-D & C). 2 The right, title and interest including possession of transferer of both the parties have been questioned about their having or not having the same. 3. Originally after conversion of a case under section 144 Cr.P.C. into one under section 145 Cr.P.C. same has been decided by Sri R.N.Shastri, Executive Magistrate, Bhagalpur vide Case No. 205/87 (Niranjan Jha V/s Chulahai Yadav), who declared possession of petitioner-1st party by order dated 2.5.1990. The same was challenged in Cr.Revision no. 251/90 in the court of Sessions Judge, Bhagalpur. Later it was transferred and decided by 1st Additional Sessions Judge, Bhagalpur on 16.9.2005 which is under challenge before this Court. While this revision was pending there was a development that the petitioner-1st party preferred (filed) a T.S.No. 288/07 in the court of Sub-Judge-I, Bhagalpur which is pending also. 4. The argument is advanced on the observation made by the court below more specific that in revision that oral and documentary evidence of the parties have been re-appreciated but lastly the submission is made that by the revisional court, there is no declaration of possession of any of the parties simply the observation made by the Executive Magistrate which was in favour of petitioner-1st party, is set aside but several observations are there even touching title, possession, documentary and oral evidence which petitioner-1st party is apprehending to damage him any time. He is apprehending threat from opposite parties-2nd parties, so an observation is made that observation made by the Executive 3 Magistrate as well as by the revisional court in Case No. 205/87 and Cr. Revision no. 251/1990 will in no case effect the right, title or interest including possession of the parties. Both the parties are advised to contest title suit pending in the court of Sub-Judge-I, Bhagalpur. 5. With such observation, this revision application is disposed of. However, there shall be no order as to cost. (Mandhata Singh, J.) PATNA HIGH COURT DATED 23.11.2009 A.I./N.A.F.R.