IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25868 of 2009 KALAWATI DEVI, W/o. Ram Naresh Prasad, R/o. Mohalla- Garhpar, Nardiganj, Nawadah, P.S. + Distt. Nawadah. Versus 1. USHA DEVI, W/o. Sheo Shankar Prasad, 2. The State of Bihar through Secretary (Home) Old Secretariat, Patna. 3. The S.D.O.-cum-S.D.M. of Nawadah Sadar, Nawadah, 4. Nawadah Town P.S. through its Officer-in-charge, Nawadah. ----------- 02. 13.01.2010 The petitioner who happened to be respondent No. 4 in Cr.W.J.C. No.1233 of 2008 has filed this modification petition with a prayer for recalling the order dated 6.04.2009 as passed by this Court. The O.P. No.1 was the petitioner in the said Cr.W.J.C. No.1233 of 2008. The petitioner/respondent No.4 had not filed any counter affidavit in the said Cr.W.J.C. No.1233 of 2008. The said order dated 06.04.2009 as passed by this Court was passed with a direction to the police to handover the keys of the concerned house and building in that case, which was locked by the police in course of a proceeding under Section 144 Cr.P.C., wherein the O.P. No.1 Usha Devi was first party and the petitioner Kalawati Devi was second 2 party. While passing the said order dated 6.04.2009, this Court considered that while dealing with the proceeding under Section 144 Cr.P.C. the Sub- Divisional Magistrate incidently considered the question of title and possession and he found the title and possession of the land and building with the O.P. No.1 Usha Devi who happened to be the petitioner in that Cr.W.J.C. No.1233 of 2008. Any counter affidavit had not been filed by the petitioner/respondent No. 4 in the said Cr.W.J.C. No.1233 of 2008 but during hearing learned counsel for the respondent No.4 has made submission that a title suit was pending between the parties with regard to the same land and building. Considering all these matters, this Court had directed under the said order dated 6.04.2009 for handing over the keys of the premises to the O.P. No.1 Usha Devi/the petitioner under the writ petition. While passing that order the Court had also observed that the order will not prejudice for hearing on the title suit before lower court for passing any order 3 with regard to the title and possession of the parties over the land on the merits of the case. It is relevant to mention here that after passing of this Court’s said order dated 6.04.2009, the petitioner filed S.L.A.(Crl.) No.3151 of 2009 before the Hon’ble Supreme Court but the same was dismissed as withdrawn by the Hon’ble Court. The order of the Hon’ble Supreme Court mentions that the learned counsel for the petitioner had withdrawn the S.L.A. under his submission that he will file counter affidavit before this Court with a request to take a fresh look at the matter. It is after the dismissal of the S.L.A. by the Hon’ble Supreme Court as withdrawn under the aforesaid submission of learned counsel there that this modification petition has been filed and a prayer for recalling of the order. Learned counsel for the petitioner submits that a Title Suit No.108 of 2006 is pending before the Civil Judge, Senior Division Nawada with respect to the same land and premises between the parties. 4 May be a suit is pending but this fact has already been considered while passing this Courts said order dated 6.04.2009 but in a different context that there was a difference in plot number in the suit land. The pendency of the title suit does not make any difference at this stage. This Court has also observed that the order will not prejudice the hearing on the title suit before the lower-court for passing any order with regard to the title and possession of the parties over the land and building on the merits of the case. In such view of the matters, I find no reason for taking a different view under a fresh look over the matter. Finding no merit in this petition, this application is accordingly rejected. Mkr. (C.M. Prasad, J.)