ARWAPALLY SRINIVASA RAO Vs. ARWAPALLY VENKATESHWAR RAO

JUDGEMENT

(1.) This revision is directed against the judgment passed by the I Additional Sessions Judge, Nalgonda, in Crl.R.P.No.59/96,dated 21-11-1996, whereby the order of the Sub-Divisional Magistrate, Miryalaguda, passed in proceedings No.A2/ 3235/96, dated 21-8-1996 has been set aside.

(2.) The facts giving rise to this revision, in brief, are that on the report of the Sub- Inspector of Police, Mattampally as also on the report of the Mandal Revenue Officer, Mattampally, the Sub-Divisional Magistrate- cum-Revenue Divisional Officer, Miryalaguda, passed the impugned order and appointed the Mandal Revenue Officer as the custodian of the subject of dispute till the disposal of the case and further directed it to take possession of the subject of dispute that is Vasudeva Cements Limited.

(3.) In Para 3 of his order, the Sub- Divisional Magistrate has reproduced the report of the Mandal Revenue Officer that, on 6-8-1996 the revisionist as also the 1 st Respondent had tried to capture the factory by opening its gates and there had been a clash between them and the workers of the factory supported by the local people and that there was likelihood of breach of peace and then in Para 5 of his order has observed that he was satisfied with the opinion of the Sub-Inspector of Police and of the Mandal Revenue Officer and then in the next para he has passed the impugned order.