S CHINNA KORTDA Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Petition is filed under sections 397 and 401 of Criminal Procedure Code against a warrant of attachment issued by the Sub-Divisional Magistrate, Narsipatnam, under section 146(1), Cr.P.C. to the Headquarters Deputy Tahsildar, Taluk Office, Kotauratla.

(2.) The Sub-Divisional Magistrate, Narsipatnam, having been satisfied that a dispute between the parties was likely to cause a breach of peace existed concerning the schedule mentioned lands, situated in Sanyasirajupalem, hamlet of B.K.Palli village of Kotauratla taluk, within his jurisdiction and having considered case as one of emergency to which an order of attachment should be issued pending, decision in the enquiry into the matter directed the Headquarters Heputy Tahsildar, Taluk Office, Kotauratla, to attach the property under dispute by faking and keeping posses sion thereof including standing crop, fruit bearing trees etc., and to hold the same under attachment until further orders by him and to return the warrant executed on or before 15.5.1984.

(3.) The only contention raised by the learned counsel for the petitioners in this revision petition is ' that the learned Sub-Divisional Magistrate has no authority to pass the impugned order, directing attachment of the property when the dispute, with regard to the same property was pending before the Land Reforms Appellate Tribunal, Visakhapatnam, and this court and the rights of the petitioners herein who are the tenants were protected.