KANAIYANAND Vs. BINDADEVI HIRANAND PANDEY AND ORS.

JUDGEMENT

(1.) BY this application under Art. 227 of the Constitution of India, the petitioner calls in question the legality and validity of the order dated 6th August, 2012 passed by the Sub -Divisional Magistrate and City Deputy Collector (East), Ahmedabad, in M.A.G./C.R.P.C. -145/Case No. 6 of 2011. By the said order, the Sub -Divisional Magistrate, in exercise of his powers under Sec. 146 of the Code of Criminal Procedure, ordered attachment of the property in question, directing the Police Inspector of the Odhav Police Station to be in -charge of the disputed property till the rights of the parties were determined by the competent Civil Court.

(2.) THE facts giving rise to this petition may be summarised as under:

(3.) THUS , on one hand, the private respondents herein claim to be the partners of the plot and the shed in question, whereas the petitioner claims to be the sole owner of the shed standing on Plot No. 336.