High Courts(1994) 12 AHC CK 0067

Jagdeo and others vs Mithoo and others

Allahabad High Court · Decided on 5 December 1994

HON’BLE JUDGES
Virendra Saran, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Case No. 149 of 1993

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Judgment

5 paragraphs · 180 words

Virendra Saran, J.—Heard Sri S. K. Pandey, learned Counsel for the applicants and Shri K. M. Srivastava, learned Counsel for answering respondents.

2.

The dispute in the present petition is regarding agricultural land and this application has been filed to quash the proceedings under Section 145 Cr PC pending in the Court of SubDivisional Magistrate Kunda, District Pratapgarh, in case No. 183 of 1992.

3.

Learned Counsel appearing on behalf of the answering respondent has admitted that a litigation is pending in respect of the same land before the Consolidation Officer and he stated that he has no objection if the proceedings under Section 145 Cr PC are quashed.

4.

It is settled law that in the matter of the dispute of agricultural land, the decision of the Consolidation authorities is final. The Consolidation authorities will carve out a chak in whose favour they decide the title.

5.

In the result, this application is allowed and the proceedings of the case No. 183 of 1992 u/s. 145 Cr PC pending in the court of S.D.M. Kunda, District Pratapgarh are quashed.