LINGAMANENI KRISHNAMURTHI Vs. C JAGANMOHANA RAO

JUDGEMENT

(1.) In this revision, the question raised by the petitioner turns on the construction of an order passed on 3oth September, 1954, by the Sub-Divisional Magistrate, Bandar, in M.C. No. 22 of 1954.

(2.) The subject-matter of the dispute between the parties is a land known as ' Jonnaladoddi' measuring acres 45-39 cents, in the village of Kosur. The land belonged to the 3rd respondent. The petitioner, in partnership with some other persons, claims to have purchased the land at an auction held by the 3rd respondent in November, 1952. Disputes arose between the parties and the petitioner made the application in M.C. No. 22 of 1954 to the Court of the Sub-Divisional Magistrate for action under section 145 of the Criminal Procedure Code. The Sub-Divisional Magistrate passed a preliminary order under section 145 (1) on 5th January, 1954- The lands in dispute were attached on 5th February, 1954, under the emergency provisions and were leased in public auction by the Court for the period up to 31st March, 1955. Subsequently on 3oth September, 1954, when the application came- on for enquiry under section 145 (4), Criminal Procedure Code, the Sub-Divisional Magistrate dropped further proceedings as he was entitled to under section 145 (5) Criminal Procedure Code. The material portion of the order passed by him on 3Oth September, 1954, reads as follows :

(3.) The petitioner construes the order as meaning that the attachment of the property was continued by the Court. On this footing, he made an application in M.C. No. 1(a) of 1956 on 29th December, 1955, to the Sub-Divisional Magistrate, which has given rise to this revision. He alleged that there was a scramble for possession of the crops on the land and a likelihood of breach of the peace, and asked the Magistrate to take action for the preservation of the crops in pursuance of the order passed on 3oth September, 1954. The Sub-Divisional Magistrate called for a report from the Police. The Police reported that there was no likelihood of breach of the peace. On this ground, the Sub-Divisional Magistrate dismissed the petitioner's application in M.C. No.1 (a) of 1956 on 31st January, 1956.