Supreme Court of India · 2009-05-06
BHARAT PRASAD vs STATE OF BIHAR .
- Citation / case number
- SC 2007/27796
- Court
- Supreme Court of India
- Petitioner
- BHARAT PRASAD
- Respondent
- STATE OF BIHAR .
- Author
- GANGULY
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 land in favor of the opposite parties. The Court emphasized that the appellants had been cultivating the land for over 30 years as bataidars and had established their rights through previous rulings in Sikmi Batai cases. The Court affirmed that the order of the Executive Magistrate had become final and was not subject to appeal, thus reinforcing the principle of peaceful possession until dispossession by a competent court.