NIYAS Vs. THE REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) CHALLENGING the impugned order passed by the first respondent dated 15.11.2014 in Na.Ka.A2/2513/2014, the present revision has been filed.

(2.) HEARD the submissions made on either side.

(3.) ASSAILING the impugned order, the learned counsel for the petitioner would submit that the first respondent has not recorded his subjective satisfaction as to whether there is any breach of peace and the first respondent has also not followed the procedures as contemplated under Section 145 of Criminal Procedure Code. The first respondent has not passed any preliminary order before passing the final order in the proceedings under Section 145 of Criminal Procedure Code. It is also to be noted that he has not considered the fact that a civil suit is pending between both parties. The petitioner herein is residing in the property and he was restrained. Hence, he prayed for setting aside the impugned order.