SHIV NARAIN PANDEY Vs. VINDHYACHAL PANDEY

JUDGEMENT

(1.) BEING of the opinion that there was a dispute in respect of bamboo clumps situate in village Kathar Pandey, Police Station Nagar Purab, district Basti, and the same was likely to cause breach of the peace, the Sub-Divisional Magistrate of the area passed an order on 26-8-1981 initiating proceedings under section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code). The parties entered appearance filed written statements and adduced evidence in respect of their respective versions; each claimed that the subject of dispute was in his possession on the material date, i.e. the date of the passing of the preliminary order referred to above. A local inspection was also made in the case by the Magistrate seized of the matter. After an evaluation of the material on the record, an order was passed on 26th September, 1983 in favour of the opposite party holding that he was in possession of the disputed bamboo clumps on the relevant date. The applicant was, therefore, directed not to cause interference with the possession of the opposite party till he obtained an order from a competent court. The applicant assailed that order by means of a revision, but was unsuccessful. The revisional court has also been of the opinion that the subject of dispute was in possession of the opposite party. This order was passed on 24th November, 1983.

(2.) THIS petition has been moved under section 482 of the Code of Criminal Procedure praying that the entire proceedings and the orders referred to above be quashed.

(3.) LASTLY, it was argued that the Magistrate erred in making a local inspection of the place where the disputed bamboo clumps are located. For an appreciation of the evidence the Magistrate adopted that course. No illegality has been committed by him.