RAM KALAP SINGH Vs. STATE

JUDGEMENT

(1.) HEARD the learned Counsel for the Applicant as well as the opposite parties.

(2.) THE Magistrate has no explanation to offer in respect of his impugned order dated 19 -12 -1970.

(3.) SHRI U.S.M. Tripathi, learned Counsel for opposite parties Brij Raj Yadav and others, has contended that the Assistant Record Officer Gorakhpur by his order dated 7 -9 -1971 has found that the disputed plots were situated in the district of Deoria and in view of this finding of the Record Officer the Sub -Divisional Magistrate Deoria has jurisdiction to proceed with the case. The contention of the learned Counsel is not tenable in view of the fact that the reference by the to District Magistrates of Deoria and Gorakhpur has been made to the Board of Revenue for fixing the boundary of the two districts on either side of the river. The disputed plots are already under attachment and in the supurdgi of a supurdar.