GORA CHAND SARDAR Vs. SUNIL KUMAR PURKAIT

JUDGEMENT

(1.) This is an application under Ss. 439 and 561A of the Code of Criminal Procedure as also under Article 227 of the Constitution of India. One Sunil Kumar Purkait made an application as a constituted Attorney of Pioneer Salt Manufacturing Co. Ltd. under Sec. 144 of the Code of Criminal Procedure. The complaint was that the company through the Petitioner Sunil was in possession of 107 -50 acres of land in mourn Kantamari, P.S. Sultali, in the district of 24 -Parganas. It was stated that Anil Gayen, Gorachand Sardar and Upen Sardar, being opposite parties Nos. 2, 3 and 4 were bargadars in respect of certain portions of the land. And these bargadars along with the other opposite parties were causing disturbances and interfering with the aforesaid possession of the Petitioner Sunil. The Magistrate called for a Police report, drew up a proceeding under Sec. 144 and ultimately converted it into a proceeding under Sec. 145 of the Code. He passed an order of attachment of the subject -matter of the dispute pending decision under the Sec. and also appointed Receiver.

(2.) As the Magistrate was unable to decide as to which of the parties was in possession at the material date, he drew up a statement of the case and forwarded the record of the proceeding to the Third Court of the Munsif at Baruipur to decide the question whether any and which of the parties was in possession of the subject -matter of the dispute at the date of the order as required by Sub -section (4) of Sec. 145 of the Code. The said Munsif decided the question of possession so referred to him and passed the following order, being his order No. 37 dated April 29, 1972:

(3.) On receipt of the record, Sri J. M. Sen Gupta, Magistrate, First Class, Alipore Sadar, proceeded to dispose of the proceeding under Sec. 145 of the Code in conformity with the decision of the civil Court. He passed the following order on May 12, 1972: