GANTA NOOKARAJU Vs. KUNTSAM SATYANARAYANA

JUDGEMENT

(1.) The point that arises for determination in this revision case is whether in proceedings under Sec. 145 Cr. P, C. the Magistrate concerned can appoint a Receiver to take possession of and manage the properties pending final orders.

(2.) The dispute was with regard to Ac. 4-32 cents of land in Gopalapatnam village of Narsipatnam taluk between the landlord and the tenants with regard to their respective rights under the Inams Abolition Act. There was civil litigation concerning the same and there were proceedings with regard to the delivery of possession. The A party claiming to be in possession in bis own rights, filed a petition before the Sub-Divisional Magistrate for initiating proceed' ings under Section 145 Cr. P. C. Thereupon M. C. No. 5 1971 was registered and a notice was issued to the parties on 5-4-1971 to appear and file their statements of claim and to adduce evidence by affidavits or otherwise. On 6-5-1971 the Sub-Divisional Magistrate on the report of the sub-Inspector of Police and the record of enquiry made by him found that a situation of emergency had been created calling for immediate action to avoid an imminent clash between the parties resulting in the breach of public peace and directed the attachment of the property under Section 145(4) Cr. P. C. and appointed the Tahsildar of Narsipatnam as Receiver to take possession of the property. The 'B' party|being aggrieved with the order has filed this petition to revise that order.

(3.) It is now contended that the appointment of a receiver under Section 145(4) Cr. P, C. is illegal, that a Receiver could be appointed only under Section 146(2) Cr, P. C. and hence the order should be set aside, This contention of the petitioners herein receives some support from the earlier decisions of the courts.