PATNA, India, Sept. 29 -- Patna High Court issued the following judgment on Aug. 29:

Heard Mr. Arghesh Kumar, the learned counsel for the petitioners and Mr. Sanjay Kumar Ghosarvey, the learned counsel for the opposite party No. 2. The State has been represented by Mr. Mohammad Sufyan, the learned Addl. Public Prosecutor for the State.

2. The present application has been filed on behalf of the petitioners against the order dated 13-09- 2023 passed by the learned Sessions Judge, Khagaria in Cr. Revision No. 52 of 2023, whereby the learned Sessions Judge has been pleased to dismiss the revision application filed by the petitioners, wherein the order dated 18-04-2023 passed by the learned Sub-Divisional Magistrate, Khagaria (in short the "SDM, Khagaria") in Misc. Case No. 3(M) of 2023 was challenged.

3. The brief facts giving rise to the present application is to the effect that the petitioners have stated that the land in question was their ancestral property and they were coming in peaceful possession over the same since 1914 and after consecutive generations, presently they are residing there and a tea stall is running over the same. It is further stated that the petitioners are coming in peaceful possession over the disputed land since long. However, all of a sudden, without the knowledge of the petitioners, the opposite party No. 2 got a sale-deed executed in her favour through a stranger, stated to have been executed some time in the year 1987. It is further alleged that the opposite party No. 2, in collusion with the Revenue Authorities, even got the land in question mutated in her name and the land receipts were issued and Jamabandi was also created in her name.

4. The learned counsel appearing on behalf of the petitioners has submitted that they being the illiterate persons were not aware of such entries in the Revenue records. It has further been alleged that almost after three decades of the said purchase, the opposite party No. 2 filed an application before the SDM, Khagaria upon which, a miscellaneous case, bearing Case No. 3(M) of 2023, was initiated and notices were issued to the petitioners. Thereafter, another notice was issued and served upon the petitioners on 02-05-2023 by which it was ordered by the learned SDM, Khagaria to the petitioners to vacate the place/house in question, without any speaking order. The petitioners have also alleged that even with the notice, there was no order attached and as such, being aggrieved by the order dated 18-04- 2023 as well as the notice dated 02-05-2023, the petitioners preferred Criminal Revision No. 52 of 2023 before the learned Sessions Judge, Khagaria.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NiM3MzM4OSMyMDIzIzEjTg==-t53ge2L1Zxk=

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