PALTU RAM Vs. KIRTHA

JUDGEMENT

(1.) THE challenge, by way of this Criminal Misc. Application, is to the order dated 10.07.2009 passed by officiating Sessions Judge, Haridwar in Criminal Revision No. 209 of 2009 and it has been prayed that the said order along with entire proceedings of the said revision be quashed.

(2.) THE background facts qua controversy are that a piece of land bearing Khasra No. 507 admeasuring 0.1707 hectares situated in village Salempur Mahdood Pratham, Pargana Roorkee, District Haridwar was owned by tenure holders Sri Satish and Sri Kunwar Pal, sons of Sri Om Prakash and Smt. Kailasho, wife of Sri Om Prakash, resident of village Roshnabad, Pargana Roorkee, District Haridwar. The said land was sold to Shri Rati Ram, father of Sri Paltu Ram (Petitioner) through a sale deed dated 28.12.2005 but on the basis of that sale deed No. entry in the revenue records could be made soon after and meanwhile, the tenure holders named above executed another sale deed of the same land on dated 30.01.2006 in favour of Respondent Sri Kirtha. Sri Kirtha filed a mutation case No. 282 of 2006 and got his named mutated on 17.03.2006 in the relevant revenue records. When this fact came into the notice of Sri Rati Ram (previous purchaser of the land), he raised an objection before the Tehsildar concerned and the order of the mutation dated 17.03.2006 was recalled by the Revenue Authorities on dated 04.04.2007. Sri Rati Ram filed a separate case No. 188 of 2006 for mutating his name on the piece of land and the same was allowed on 02.06.2007. Thus, the name of Sri Rati Ram, father of Sri Paltu Ram, was mutated on the said land in the revenue records.

(3.) THE Sub Divisional Magistrate issued notices under Section 145 Code of Criminal Procedure to both the parties, asking them to appear in the court on 09.07.2009 and produce their respective evidence regarding their possession over the land. The Sub Divisional Magistrate, Haridwar on 26.06.2009 expressed his view that he was unable to decide as to which party is in possession, so he directed the Inspector In -charge, Kotwali Ranipur, for attachment of the land, in question. This order of Sub Divisional Magistrate dated 26.06.2009 directing the Inspector, Police for attachment of the land, in question, was challenged by Sri Kirtha in Criminal Revision No. 209 of 2009 and the learned officiating Sessions Judge, Haridwar passed an order of abeyance to the direction of the attachment issued by Sub Divisional Magistrate, Haridwar. The learned Sessions Judge did not assign any reason in the impugned order except that the Sub Divisional Magistrate, Haridwar has fixed 09.07.2009 for hearing of the parties but has passed order of attachment on 26.06.2009 without hearing of the parties. This order has been challenged by way of this Criminal Misc. Application under Section 482 Code of Criminal Procedure