JANGA MARIAMMA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioner is 2nd Party in Case No. D/1045 of 2005 under Section 145 of the Criminal Procedure Code (for short 'cr. P. C') before the Revenue Divisional Officer and Sub- Divisional Magistrate, Mancherial, Adilabad District. order. No opportunity was afforded to the from entering into the land till the dispute is settled. Being aggrieved by the said order, the petitioner approached this Court by contending that he was not given any opportunity of being heard by the Sub-Divisional Magistrate before passing the

(2.) THE Sub-Divisional Magistrate passed an order dated 31. 3. 2008 under Section 145 Cr. P. C restraining both parties Sub-Divisional Magistrate did not mention about the contentions raised by the petitioner, and hence the order passed by the learned sub-Divisional Magistrate is not in accordance with the procedure prescribed under Section 145 Cr. P. C. , and the same is liable to be set aside. petitioner to put forward his contentions and the documents filed by the petitioner were also not taken into consideration, and the

(3.) THE learned Counsel for the respondents submitted that the Sub-Divisional magistrate passed a preliminary order and served a notice on the petitioner and that the petitioner made his appearance for several adjournments and filed certain documents also. The Sub-Divisional Magistrate, after considering the contentions of the parties and on perusal of the documents and revenue records, passed the impugned order, and, there is no violation of the procedure prescribed under Section 145 Cr. P. C. Therefore, the revision is liable to be dismissed.