Court No. - 85
Case :- APPLICATION U/S 482 No. - 2967 of 2021 Applicant :- Rajendra Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Pavan Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application has been filed under 482 Cr.P.C. with a prayer to decide the application under section 145 Cr.P.C. pending before pargana Magistrate, Bindki, Fatehpur in Case No. T-202002250200255 (Rajendra Singh Vs. Kamla Devi and others) within a stipulated period.
It is contended by learned counsel for the applicant that Arazi No. 1575 measuring area 0.7370, Gate NO. 1833 area 3.1610 Hectare, the owner of one Uday Pratap Singh son of Chhatrapal Singh (Since deceased) resident of village Mauhar, Parana, Tehsil, District Fatehpur. On 25.5.1998 one Uday Pratap Son of Chhatrapal registered will deed in favour of the applicant and thereafter applicant move the application for the mutation under section 34 L.R. Act according to registered will deed before competent authority. On 14.6.2014 the mutation proceeding under section 34 L.R. Act one Kamla Devi wife of Uday Pratap Singh had filed the objection on the basis of forged will deed and witness one Raj Kumar who has filed the affidavit that the suit is not maintainable. Thereafter the suit of the applicant was dismissed on the basis of P.K.11 without evidence and without hearing of suit 14.6.2014 which is illegal. On that, the applicant filed the appeal before parganadhikari and same was also dismissed. Against the order passed by Parganadhikari against this order applicant move the revision on 14.1.2016 before the Commissioner which is pending till date. And lastly applicant moved an application under section 145 Cr.P.C. before the magistrate, Bindki, District Fatehpur.
From perusal of the record and order passed by the Magistrate concerned it appears that the Magistrate concerned has the order on 14.6.2014 for attaching the property in dispute under section 145 Cr.P.C. which is quoted below:
"145. Procedure where dispute concerning land or water is likely to cause breach of peace.
(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
(2) For the purposes of this section, the expression" land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
(3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute,
(4) The Magistrate shall then, without, reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub- section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub- section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub- section (1).
(5) Nothing in this section' shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under subsection (1) shall be final, (6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub- section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub- section (4), may restore to possession the party forcibly and wrongfully dispossessed(b) The order made under this sub- section shall be served and published in the manner laid down in sub- section (3).(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of. such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale- proceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.
(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107."
The order passed by the Magistrate is just and proper. In case the applicant is not satisfied with the same, he may move an application before the Magistrate concerned for revocation of the same as Section 145 Cr.P.C. itself provides that any order under Section 145(1) Cr.P.C. can be withdrawn by the Magistrate itself after having full satisfaction. In case such an application is moved, the same shall be heard and disposed of expeditiously by the Magistrate concerned.
With this observation, this application is disposed of.
Order Date :- 29.10.2021/ RPD