(1.) THIS application (Criminal Revision No. 2013 of 1980) is directed against an order dated 13. 11. 1980 passed by the learned Executive Magistrate, Purulia in misc. Case No. 263 of 1980, whereby he refused the prayer of the petitioner for attachment of the disputed land under Sec. 146 (1) Cr. P. C.
(2.) ON 17. 9,1980, the learned Executive magistrate, after considering a report of the Purulia Municipality, along with a sketch plan indicating the demarcations of plot nos. 14 and 14/1 of that Municipality converted proceedings under Section 144 Cr. P. C. and drew up proceedings under Section 145 Cr. P. C. against the present petitioner and the opposite parties in respect of plot no. 14/1, only, as in his view, there was a dispute over possession of this plot and there was still apprehension of breach of peace between the parties over the possession of this plot.
(3.) ON 24. 10. 1980, a petition was filed by the present petitioner praying for attachment of the disputed plot no. 14j. 1 under Sec. 146 Cr. P. C. The learned Executive Magistrate, after seeing the petition, sent the petition to the officer-in-charge of Purulia (T) P. S. for enquiry report by 27. 10. 1980 and directed that in the meantime the officer in charge should maintain peace and the previous status. The police report in question dated 26/27. 10. 1980 was duly placed before him on 28. 10. 1980 and he directed the same to be put up again on. the date fixed up for hearing. Ultimately, after the matter had been called on 29. 10. 1980, and 11. 11. 1980, on 13. 11. 80 the learned Executive Magistrate passed the impugned order. The relevant part of the order reads as follows both parties present. Heard learned lawyers of both the parties. I am satisfied that there is no immediate apprehension of serious breach of peace between the two parties and that there does not exist any condition of emergency. Therefore the prayer of the 1st party for attachment of the disputed land u/s. 146 (1)Cr. P. C. is rejected. . . . . . . . . . "