RAM ASREY Vs. STATE

JUDGEMENT

(1.) THIS is a glaring case in which the wild vacillation of the river Ganga has led to multiplicity of civil and criminal litigations. An application under Section 145, Criminal P. C. was filed by Ram Asrey and 14 others of village Nauranga against Chan-drama Ojha and 19 others of village Ojha-ballia in respect of area of land covering about 600 bigbas. The Sub divisional Magistrate, Ballia called for a report from the Station Officer. On being satisfied therefrom that there was an apprehension of breach of peace, a preliminary order was passed on 30-10-1972. The property in question was attached on 3-11-1972. Parities thereafter were directed to file their written statements and affidavits and to produce evidence in support of their respective claims. The Sub-divisional Magistrate Ballia held that the second party was in possession of the land in dispute on the date of the preliminary order. The first party was therefore, restrained from disturbing their possession except in due course of law. The sale proceeds of the crops which had been attached during the course of the proceedings were directed to be delivered to the second party. Aggrieved thereby, a revision was filed before the Additional Sessions Judge which has been dismissed on 30-3-1973 : hence this revision.

(2.) I have heard learned Counsel for the parties at considerable length and have also carefully perused the impugned orders and the documents on the record.

(3.) LEARNED Counsel for the applicant has made a number of submissions. He has contended that since the land in dispute lies in village Ojhaballia on the finding recorded by the S. D. M. , Ballia, it had no jurisdiction to proceed with the case under Section 145, Criminal P. C. He has also contended that the individual affidavits filed by the parties have not been considered in accordance with law. He has lastly contended that the Magistrate has acted illegally in making a spot inspection and enquiries from the residents of the village and in not maintaining a memorandum of his inspection which he is required to do so under Section 539-B (1), Criminal P. C. I shall now deal with these submissions.