IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.44750 OF 2008 SURENDRA SINGH, SON OF LATE RAM NARESH SINGH, RESIDENT OF VILLAGE MAUDIHA, POLICE STATION NOKHA, DISTRICT ROHTAS VERSUS 1. THE STATE OF BIHAR 2. SMT. SHANTI DEVI, WIFE OF AWADH BIHARI SINGH 3. AWADH BIHARI SINGH, SON OF SIPAHI SINGH 2-3 RESIDENT OF VILLAGE MAUDIHA, POLICE STATION NOKHA, DISTRICT ROHTAS *********** 2 01/08/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. Counsel for the petitioner submits that Title Suit No. 223 of 2004 has been filed with respect to Khata No. 189, Plot No. 521 (55 decimals), 612 (0.6 decimals) and 715 (0.17 decimals) to set aside the sale deed executed by Sitalbasiya Kuer in favour of Opposite Party No. 2/Shanti Devi. The main complaint of the petitioner is that although he has filed this petition on 17.07.2006, it has not been considered by the Court below. In view of the aforesaid fact, this Court directs the Sub Divisional Magistrate, Sasaram to consider this aspect of the matter in view of the judgment of the Supreme Court in the case of Ram Sumer Puri Mahant vs. State of U.P. & Others [ AIR 1985 SC 472] wherein it has been held that for the same land between the same parties, if the suit is also pending, then proceedings under Section 145 2 much less 146 (i) of the Code of Criminal Procedure would be maintainable. Needless to say that Opposite Party Nos. 2 and 3, namely, Shanti Devi and Awadh Bihar Singh need to be heard in this matter before any final orders are passed. Counsel for the petitioner is directed to produce a copy of this order along with a petition stating the facts aforesaid before the Court below within a period of one month from today, failing which this application shall stand dismissed. The Sub Divisional Magistrate, Sasaram is directed to pass the orders after hearing the parties within a period of four months from the date of receipt/production of a copy of this order before him. This application is disposed of with the aforesaid observations and directions. Anand (Sheema Ali Khan, J.)