Surendra Panjiyara v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.585 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Surendra Panjiyara, Son of Late Sadhu Panjiyara, Resident of VillageChutiya, P.s.- Banka, District- Banka. ... ... Petitioner/s

Versus

1.

State of Bihar 2.

Phool Kumari Devi, Wife of Amod Panjiyar, Resident of Village- Chutiya, P.S.- Banka, District- Banka.

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma For the Respondent/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2023 This revision application has been filed against the order dated 15.07.2016 passed in Miscellaneous Case No. 403 of 2016 by the Sub-Divisional Magistrate, Banka whereby the right and title has been decided by the Court below in a proceeding under Section 144 of the Cr.P.C. in favour of the opposite party No. 2.

Learned counsel for the petitioner submits that in the impugned order, right and title of the parties have been decided by the learned Court below which is against the law. He next submits that from the report of the Revenue Karamchari and Circle Inspector, annexed as Annexure-2 to this revision application, it is evident that the land in question is in

Patna High Court CR. REV. No.585 of 2017(5) dt.28-02-2023 2/2 possession of the petitioner.

However, from bare perusal of the impugned order it is apparent that it is only possession of the opposite party No. 2 that has been made absolute and not the right and title. In that view of the matter, this Court finds no merit in this revision application and the same is, accordingly, dismissed. (Prabhat Kumar Singh, J) Navya/- U T