Kapildeo Sinha And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.416 of 2015 ======================================================

1. Kapildeo Sinha son of Late Ram Nihora Singh.

2. Om Prakash Singh.

3. Annu Prakash Singh both sons of Kapildeo Sinha All resident of village Batan Bigha, P.S. Karpi, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sakaldeo Prasad Verma son of Late Ram Nihora Singh, resident of Village Batan Bigha, P.S. Karpi, O.P- Sonbarsa Banshi Suryapur, District Arwal.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Dayal For the Respondent/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 This revision application has been preferred against the order dated 28.4.2014 passed by the SDJM, Arwal in Case No.134 of 2011/397 of 2011/06 of 2012/56 of 2014 by which the learned Magistrate has found possession of the O.P.No.2 over the land in question.

Submission of the learned counsel for the petitioner is that the learned Magistrate has not considered the evidence available on record that shows possession of the petitioner and passed order in favour of the O.P.No.2.

On the other hand the learned counsel for the O.P.no.2 has submitted that in this case the learned Magistrate has considered the fact that the witness Gyani Singh from whom

Patna High Court CR. REV. No.416 of 2015 (9) dt.04-09-2018 2/2 second party claims to have taken land in Badlain has himself made Bakshisnama of the land in favour of Munsi Mahto and considering the same the possession has been declared of the first party petitioner and moreover this Court can not decide title of any of the parties.

Having heard both sides and in view of the facts and circumstances, this application is disposed of with direction to the learned counsel for the petitioners to move before the competent court of civil jurisdiction for declaring title over the land instead of pursing the matter in revision.

Accordingly, this revision application is disposed of. (Vinod Kumar Sinha, J) chn/- U