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Sk. Mujibur rahman v/s Janab Noorul Amin

    Criminal Miscellaneous No.10256 OF 1992

    Decided On, 01 April 2010

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE RAKESH KUMAR

    For the Appearing Parties: S.K. Mishra, Sushmita Mishra, Pramod Kumar Pandey, Advocates.



Judgment Text

RAKESH KUMAR, J

(1.) The sole petitioner aggrieved with the order dated 27.5.1992 passed by the Sub Divisional Magistrate, Bikramganj in Case No.12

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9(M) /92 has approached this Court by filing the present petition. By the order dated 14.8.1992, while issuing notice to the Opp.Party nos. 1 to 9, this Court had directed that in the meantime , the petitioner shall not be dispossessed pursuant to the impugned order dated 27.5.1992, operation whereof is stayed. Subsequently, on 17.9.1993, this application was admitted for hearing. While admitting the case, this Court directed that the interim order will continue in the meantime and till date interim order of stay is continuing.

(2.) On 27.5.1992, the learned Magistrate had passed an order of attachment. Despite the fact that this Court had issued direction for staying the impugned order vide order dated 14.8.1992 it appears that the petitioner was prevented by the concerned Magistrate from the removing the paddy crop , which was harvested on the land in question by the petitioner. Accordingly, by order dated 11.12.1992, this Court directed the Magistrate to release the crop in favour of the petitioner. In view of order dated 11.12.1992, the impugned order, i.e. 27.5.1992 had become inoperative. So far as the dispute regarding possession over the land in question is concerned, since the matter had remained pending for about 18 years, it would not be appropriate for this Court to record a finding. These matters can well be examined in a civil suit. Accordingly, the petition stands disposed of
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