HARI PREM Vs. STATE O

JUDGEMENT

(1.) A. P. Sahi, J. This petition questions the validity of the orders dated 23. 10. 2004 passed by the Sub-Divisional Magistrate and also the order dated 6. 7. 2006 passed by the learned Addl. Sessions Judge affirming the same whereby the direction issued by the Magistrate for making recovery from Respondent Nos. 2 to 4 has been recalled.

(2.) THE facts shorn of details, as appears from the pleadings exchanged between the parties, are that the petitioner allegedly entered into some agreement to sell after receiving an earnest money of Rs. 2,80,000/- in respect of the land in dispute. THE petitioner appears to have filed a Civil Suit being Original Suit No. 179 of 2000 for rescinding the said agreement to sell which was a registered document and which matter is stated to be pending as on date in the Court of the learned Civil Judge (Junior Division), Chhata, Mathura.

(3.) THE Magistrate passed an order of attachment on 24. 10. 2001; which is on record as Annexure-2 to the writ petition. It was further directed that parties shall maintain peace unless and until any orders are passed by the Civil Court in the Suit preferred by the petitioner and further directed that the Lekhpal shall dispose of the crops by way of auction and deposit the same through a Challan in Court. It was further stated that this was necessary as the crops were to be harvested or else they would be affected. THE parties were further directed to submit their evidence in respect of the possession. A revision was preferred against the said order dated 24. 10. 2001 by the contesting respondent and the said revision was dismissed holding that the Magistrate has rightly invoked the powers under section 146 Cr. P. C, for ordering attachment keeping in view the urgent need of the situation.