VEERA GOWDA Vs. GOPALA KRISHNA REDDY

JUDGEMENT

(1.) This petition by the II Party before the Executive Magistrate is against the order dated 13-7-1981 passed by the Sessions Judge, Kolar, in Crl. R.P.No. 8 of 1981 allowing the said petition and remanding the case to the Taluk Magistrate, Kolar, for fresh disposal according to law and in the light of the observation made in the body of the said order after affording opportunities to both the sides to establish their claims as to physical possession of the subject of dispute.

(2.) The brief facts of the case : are the Sub-Inspector of Police, Srinivasapur, filed a report before the Taluk Magistrate, Kolar Taluk, Kolar alleging that the 1st Party and the 2nd Party, who are the residents of Jannappanahalli village, Kolar Taluk, have, committed wrongful and unlawful acts involving breach of peace and distrubing peace and public tranquillity and indulged in criminal activities due to ill-will in connection with a property dispute.

(3.) The Sub-Inspector further alleged inhis report that the First Party member has given a complaint to the Deputy Superintendent of Police, Chintarnani, alleging that he is the owner of Sy. No. 51 of Jannappanahalli village and he had raised ragi crop and, when it was ready for harvest the Second Party and his followers obstructed and prevented him from harvesting crop. The, Second Party member also gave a complaint that the disputed land is in his possession and enjoyment and that the crop was raised by him in the disputed land. As both the parties were claiming possession of the land and that they have raised the crop in question, the report said that there is every likelihood of breach of peace if each of the parties was allowed to harvest the crop and; thereby the Sub-Inspector prayed that action may be taken against the parties under the provisions of S. 145 of Cr.P.C. The leamed Taluka Magistrate, after examining the report and also recording the sworn statement of the Sub-Inspector, came to the conclusion that the disputed crop was raised in between Sy.No. 50 and Sy. No.51 on an area of about 15ft. for whi'ch both the parties were claiming ownership of the land and having satisfied himself on the likelihood of breach of peace and public tranquillity in the said village in respect of the dispute concerning the said land passed the preliminary order directing the parties to appear before him on 5-3-1981 at 11.00 A.M. and to put in written statements of their respective claims and actual possession of those lands and further to put in such documents and to adduce evidence by putting affidavits. The said preliminary order was passed on 17-2-1981.