Patna High Court - Orders
Kundan Kishore Pandey &Anr vs The State Of Bihar & Ors on 19 January, 2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.289 of 2012
1. Kundan Kishore Pandey S/O Late Shrikant Pandey Resident Of Village
- Goh, P.S.- Goh, Distt.- Aurangabad, Bihar
2. Munna Trivedi S/O Shri Sharda Nand Trivedi Resident Of Village -
Goh, P.S.- Goh, Distt.- Aurangabad, Bihar - Petitioners.
Versus
1. The State Of Bihar , Through The District Magistrate, Aurangabad
2. The Circle Officer, Goh, Aurangabad
3. The Dy. S.P., Daudnagar, Aurangabad
4. The Sub-Divisional Magistrate, Daudnagar, Aurangabad
5. The S.I Of Police, Goh P.S. , Aurangabad
6. Ramji Mishra S/O Late Rama Nand Mishra Resident Of Goh, P.S. -
Goh, Distt.- Aurangabad - Respondents.
2 19.1.2012Heard learned counsel for the petitioners and the State.
Counsel for the petitioners submits that after the notice on 3.12.2011 to make an enquiry with respect to the lands which are subject matter of 144 Cr.P.C. proceeding, there was a report in their favour indicating that they are the owners of the land and are paying rent and have harvested the paddy and sown wheat in their fields.
The petitioners may file an application for disposal of the 144 Cr. P. C. proceeding in accordance with law and if the Subdivisional Officer finds on the basis of the report that the proceeding is not maintainable, he may pass an order accordingly.
This writ petition is disposed of with the aforesaid observation.
haque ( Sheema Ali Khan, J .)