IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19709 of 2007 ALAUDDIN, son of Late Usuf Ali, resident of village paithan patti p.s. Thawe, Gopalganj …Petitioner Versus 1. STATE OF BIHAR 2. Taiyab Hussain, son of khakhnu Mian 3. Mustaqueem son of Taiyab Hussain 4. Syed son of khakhnu mian, all are residents of village paithanpatti, p.s. Thawe, District Gopalganj. …Opposite parties. ----------- 07. 11.08.2010 Petitioner is the 1st t party to the proceeding initiated under section 145 of the Code of Criminal Procedure (hereinafter referred to as the „Code‟). O.P. Nos. 2 to 4 constitute the 2nd party to the said proceeding. Petitioner assails the order dated 13.05.2003, passed by learned Executive Magistrate, Gopalganj in Trial No.06/2003/Case No.1218/99(Allaudin vs. Taiyab Hussain & Ors.), whereby possession of 2nd party(o.p.nos. 2 to 4 herein) was declared in respect of four decimals of land appertaining to khata no.132, khesra no.501 with the boundary stated therein. It appears that initially on a police report, a proceeding under section 144 of the Code was initiated which was ultimately converted into one under section 145 of the Code. Parties were allowed to lead evidence and produce/exhibit their respective documents. They seem to have produced several documents and also adduced oral evidence. On a consideration of the matter, it has been found that opposite parties (2nd party) were in possession of the disputed land(s). Aggrieved by the 2 aforesaid order, petitioner (first party) filed Cr.Revision No.241/03 which was considered and dismissed by learned Addl. Sessions Judge FTC V, Gopalganj by order dated 21.12.2006. I have heard both parties in extenso. Learned counsel appearing on behalf of the petitioner drew attention to the findings/submissions recorded by learned Magistrate to the following effect: “ eq[;r% f}rh; i{k dk dFku gS fd oknxzLr [ksljk ds ek= nks Mhlehy ij izFke i{k dk edku gS rFkk fooknh tehu buds “kkafr iwoZd n[ky dCts esa gSA izFke i{k dk dFku iw.kZ :i ls vlR; gS fd ;s 51 Mhlehy oUnksoLrh okyh tehu ij n[ky dCts esa gSA ” It has thus been argued that out of 04 decimals of land appertaining to khata no.132, khesra no.501, the petitioner(1st party) had raised construction/structure thereon possession in respect whereof was accepted/admitted by the 2nd party. It is to be noted here that title and possession in respect of 02 decimals of land of the specified detail is being asserted on the strength of the certificate issued by the Bhoodan Yagya Committee (Annexure-1). It is to be noted here that a judicial proceeding for cancellation of Jamabandi created in the name of 1st party (petitioner) is already pending before the learned DCLR. It is also to be kept in focus that another proceeding for fixation of rent is pending before the appropriate authority. Learned counsel for the 2nd party(o.p.nos.2 to 4) states that khesra no.501 of khata no.132 is a big chunk of land 3 measuring about 48 decimals. Petitioner may have constructed certain structure over 02 decimals of land on which he asserts possession. Opposite parties shall have no objection if it is clarified that in respect of rest of the area appertaining to khata no.132, khesra no.501, the finding of both the courts below are in accordance with law. In other words, the opposite parties may concede to this effect that by virtue of the findings recorded by learned Magistrate in the impugned order the 2nd party have only conceded possession in respect of two decimals of land appertaining to khata no.132, khesra no.501 on which petitioner(1st party) claims to have constructed a dwelling structure. Accordingly, without interfering with the findings recorded by both courts below in respect of possession over the land in dispute, it is clarified that the same shall not be treated to have been passed in respect of 02 decimals of land appertaining to khata no.132, khesra no.501 situated in mouza paithan Patti within Manjha Anchal in the district of Gopalganj. With this clarification, the application stands disposed of. hr ( Kishore K. Mandal )