BHUBANESWAR DHARUA Vs. KAIBALYA MAREI

JUDGEMENT

(1.) HEARD learned counsel for the petitioners. None appears for the opposite parties in spite of notice.

(2.) THE 1st party in Criminal Misc. Case No. 139 of 1985 of the Court of Executive Magistrate, Sambalpur have preferred this revision challenging the judgment dated 1.2.1996 of the Additional Sessions Judge, Sambalpur passed in Criminal Revision No. 56/3 of 1994 -95. The aforesaid case was a proceeding under Section 145, Cr.P.C. On 8.6.1994 learned Executive Magistrate passed the final order declaring possession of the 1st party over the disputed case land measuring an area of Ac. 4.32 decimals in eight plots under M.S. Khata No. 247 of village Lapanga under Katarbaga Police -station in the district of Sambalpur. The 2nd party/opposite party challenged that order in the Court of Sessions and learned Additional Sessions Judge while upholding possession of the 1 st party quashed the order of learned Executive Magistrate on the ground that in evidence 1st party made a statement stating about no apprehension of breach of peace and therefore learned Executive Magistrate in view of the ratio in the case of Sarapalla Kamaya and Ors. v. Bamidi Rajanna and Ors., 1989 (II) OLR 398 was without jurisdiction to decide the factum of possession. Thus, the 1st party members have preferred the present revision challenging that judgment of learned Additional Sessions Judge, Sambalpur.

(3.) IN the result the Criminal Revision is allowed and the Criminal Revision No. 56/3 of 1994 -95 is remanded to the Court of 1st Additional Sessions Judge, Sambalpur to hear and dispose of in the manner indicated above.