Supreme Court of India · 2009-05-06
Bharat Prasad & Ors vs State Of Bihar & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 2827
- Court
- Supreme Court of India
- Petitioner
- Bharat Prasad & Ors
- Respondent
- State Of Bihar & Ors
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the High Court's order refusing to quash the Executive Magistrate's decision under Section 145 of the Code of Criminal Procedure, which declared possession of the land in favor of the opposite parties. The Court emphasized that the possession declared by the Executive Magistrate was valid until dispossession by a competent court. The ruling clarified that the appellants' claim of being bataidars was not sufficient to overturn the established possession rights of the opposite parties, leading to the dismissal of the appeal.