IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30425 OF 2008 1. KAMANAND JHA, SON OF LATE RAMAKANT JHA 2. NARAYAN JHA, SON OF LATE RAMAKANT JHA 3. MAHENDRA JHA, SON OF MAHRAJ JHA ALL RESIDENT OF JAINAGAR BRAHMIN TOLA, POLICE STATION JAINAGAR, DISTRICT MADHUBANI …………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. KRISHNA KUMAR MISHRA, SON OF LATE JAGAT NARAYAN MISHRA, RESIDENT OF VILLAGE JAINAGAR BRAHMIN TOLA, POLICE STATION JAINAGAR, DISTRICT MADHUBANI …………………………………………………………………..OPPOSITE PARTIES ********* 2 24/06/2011 Heard Counsel for the petitioners and the A.P.P. appearing on behalf of the State. This application has been filed challenging the order dated 27.05.2008 passed in Criminal Revision No. 736 of 2007 by which the Additional Sessions Judge, Fast Track Court No. IV, Madhubani has confirmed the order dated 01.06.2007 passed in M.R. Case No. 128 of 2007 by which the Sub Divisional Magistrate, Jay Nagar has converted a proceeding under Section 144 of the Code of Criminal Procedure into a proceeding under Section 145 of the Code of Criminal Procedure. Learned Counsel for the petitioners submits that the Opposite Party No. 2 has admitted that he has purchased only 7 dhurs of land, although he claims possession over 9 dhurs of land. If this is an admission on behalf of the Opposite 2 Party No. 2, obviously his possession over the rest of the land is illegal. These aspects of the matter can be raised by these petitioners before the Court below and if so raised, the Sub Divisional Magistrate, Jay Nagar is directed to appoint a Government Amin and after noticing the parties and allowing them also to get their Amins at the spot, get the measurement done and decide the issues raised. The parties would be at liberty to raise any other question as well. The petitioners are directed to produce a copy of this order before the Sub Divisional Magistrate, Jay Nagar within a period of one month from today. The Sub Divisional Magistrate, Jay Nagar will decide the matter expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order in presence of both the parties. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )