Dr. Binod Kumar Jha vs The State of Bihar

Heard learned counsel for the parties.

This writ application has been preferred for quashing

the order dated 04.11.2017 passed by the Sub-Divisional Magistrate, Patna

in Misc. Case No. 2050(M) of 2017 whereby a proceeding under Section

144 of the Code of Criminal Procedure has been initiated for land dispute

between the parties bounded as follows:-

East - Pucca Road

West - Pucca Road

North - House No. 1A/3 of Vinod Kumar Kesari

South - House of First Party Sadan Kumar

The police report submitted in the case vide page 44

and 45 of the application would reveal that the dispute arose for alleged

encroachment on the land between the house of the petitioner and

respondent no. 5 who was first party before the court below.

The petitioner has filed a show cause before the court

below vide Annexure-3 disclosing his claim and stating the facts that the

land under proceeding is within the boundary of the petitioner. Hence, the

proceeding is incompetent one.

Learned counsel for the State as well as Patna

Municipal Corporation submits that the dispute is not with regard to any

residential house, rather for vacant land. Hence, this Court should not

interfere in the matter in exercise of this extra ordinary jurisdiction.

Since the impugned proceeding is preventive and the

Magistrate is competent to rescind or alter the proceeding in exercise of

power under Sub-section (5) of Section 144 of the Code of Criminal

Procedure, it is directed that the learned Sub-Divisional Magistrate, Patna

shall pass necessary order on the show cause of the petitioner within 15

days on receipt/production of a copy of this order.

Accordingly, this application stands disposed of.