Document Fragment View

Matching Fragments

Heard Ms. Isha Ranjan Pandey and Mrs. Usha Kumari, learned counsels for the petitioners and the State.

The present petition has been filed for quashing of the order dated 01.11.2013 passed by learned Sub-Divisional Magistrate, Bikramganj in Case No. 1326 of 1999 by which despite order dated 13.05.2011 passed by this Hon'ble Court in Cr. Misc. No. 26311 of 2008 by the learned SDM, Bikramganj Patna High Court CR. MISC. No.33906 of 2015(2) dt.23-02-2023 has rejected the prayer of the petitioners on the ground that already order has been passed (which was subject matter of Cr. Misc. No. 26311 of 2008).

In the meantime, the consolidation proceeding started and thereafter, several cases came to be filed before the Consolidation Authorities.

The uncle of the petitioner, Ram Jas Dubey (brother of Ram Kawal Dubey) never objected to either the mutation or the name of the petitioner in consolidation proceeding. However when his daughters- opposite party nos. 3 and 4 were married, the dispute arose by their husband and accordingly, the proceedings started which finally resulted into the passing of the order dated 31.08.2007 by the Sub-Divisional Officer, Bikramganj in which the Section 145 of Cr.P.C. proceeding was recorded in favour of the opposite party.

The matter was accordingly taken up by the learned S.D.M, Bikramganj vide case No. 1326 of 1999 and vide a reasoned order dated 01.11.2013, the learned S.D.M, Bikramganj held as follows:

"4. In order to appreciate the issue in hand the brief history of the matter needs to be looked into. The present proceeding U/s 145 Cr.P.C. was drawn upon the petition of Shri Ramyash Dubey and on the basis of police report submitted by Natwar P.S. Both the parties contested the matter and led their respective evidence. Shri Sidheshwar Dube, son of Shri Ram Kewal Dubey, was called as a witness before this Court to dispose on behalf of the respondent. His detailed statement was duly recorded by this court as witness no. 5.
With this observation, the Patna High Court CR. MISC. No.33906 of 2015(2) dt.23-02-2023 application is disposed off."

The learned S.D.M., Bikramganj further held in paragraph 7 as follows:-

"7. In this case the proceedings under Section 145 Criminal procedure Code had resulted in a concluded order dated 31.08.2007. Admittedly, the property being an ancestral property was in the hands of Shri Ram Kawal Dubey when the present proceedings were initiated. The applicant did not have any interest in the property when the proceedings were initiated in the year 1999 and further admittedly the interest of the property was sell protected and represented by the respondent Shri Ram Kawal Dubey who claimed to be the lawful OWNER IN POSSESSION. The applicants were therefore knowingly and correctly not made a necessary party in the present proceedings by Shri Ram Kawal Dubey Shri Sidheshwar Dubey too at that stage did not prefer an application to be impleaded as party in proceedings. It was only after the death of Shri Ram Kawal Dubey, the property developed upon the applicants and he developed iterest in the property. After the death of Shri Ram Kawal Dubey admittedly no fresh dispute have arisen leading to apprehension of breach of peace. This has been admitted by the applicant herein i.e. Sidheshwar Dubey and others, in the written statement filed afresh. The issues have been duly addressed and attained finality in order dated Patna High Court CR. MISC. No.33906 of 2015(2) dt.23-02-2023 31.08.2007 and 21.05.2008."