RAM DEVI Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. One Prem Chand, who has nothing to do with the disputed land having an area of 0. 01 are of Plot No. 46 situate in village Tilauli P. S. Salempur district Deoria moved an application under Section 145, Cr. P. C. upon which a report has called from the police and on the basis of that report S. D. M. , Salempur was satisfied that an apprehension of breach of peace existed regarding the possession over the disputed land and then passed preliminary order and also an order of attachment under Section 146 (1), Cr. P. C. both the parties filed written statement of their respective claim S. P. espondent No. 4 appeared and stated that he is in posses sion of disputed land and it is his sahan and abadi land.

(2.) CONTENTION of the petitioners was that the disputed land belonged to Jyoti Swarup whose name is recorded in revenue papers and that they purchased this land from Jyoti Swarup by registered sale-deed on!6-10-1987 and are in possession. They have also constructed a wall over it. Prem Chand in order to harass them filed an application under Section 145, Cr. P. C. and obtained a collusive report from the police. According to them, respondent No. 4 is residing at Calcutta and has nothing to do with the disputed land.

(3.) THE S. D. M. came to the conclusion that he was not in a position to decide as to which of the parties was in possession of the subject-matter of dispute on the of preliminary order and within two months next before it and, therefore, directed that the disputed land be kept under attachment till the parties get their rights established from competent civil court. THE revision filed against that order was dismissed by IVth Additional Sessions Judge, Deoria. Aggrieved by it the petitioners have come to this Court under Article 226 of the Constitution of India for quashing the orders passed by S. D. M. , Salempur and IVth Additional Session Judge, Deoria.