DHIRENDRANATH BEHERA Vs. SUDHANSHU SEKHAR MISRA

JUDGEMENT

(1.) First party in a proceeding under Sec. 145, Cr.P.C is the petitioner in this revision against an order declaring possession of the 2nd party.

(2.) Dispute relates to a room belonging to the Town High School, Sambalpur in management of the Managing Committee thereof. Case of 1st party is that by resolution No. 6 dated 30th November, 1980, Managing Committee of the school allotted the disputed room in his favour and he was in possession of the same having invested a sum of Rs. 6,000/-. On 10-1-1985 members of the 2nd party re-passed into the room, demolished the wall and started making construction by using materials - kept in the said room On protest by him, member of the 2nd party rushed to assault him but he was protected on account of interference by witnesses. He was forcibly and illegally dispossessed from the room from 10-1-1985. Case of the second party on the other hand is that Managing Committee allotted the disputed room in his favour on the basis of which he got delivery of possession on 2-1-1985 from which day he was in possession of the room. On the cases made out, learned Magistrate was to find whether there was dispossession as alleged by the first party from 10-1-1985 or possession of the vacant room by the second party from 2-1-1985 since admittedly, second party was in possession on the date of preliminary order.

(3.) Learned Executive Magistrate passed a preliminary order on 16-1-1985 and directed attachment of the same in exercise of power under Sec. 146(1), Cr.P.C. in view of emergency.