RABINDRA MOHAPATRA Vs. BHAGIRATHI MOHAPATRA AND 30 ORS.

JUDGEMENT

(1.) THE learned Additional District Magistrate (Executive) of Keonjhar has made this reference recommending the quashing of a final order in a proceeding under Section 145 , Code of Criminal Procedure. The disputed property is 9. 14 acres divided into 20 plots as indicated in the preliminary order.

(2.) THREE reasons have mainly been advanced by the learned Additional District Magistrate in support of his recommendation:

(3.) LET me first deal with the grounds taken in the order of reference. The disputed property was described in the preliminary order as whole plots. No objection was raised during the proceeding about any error in the description of the property. On the other hand; the first party in his written statement appended Schedule B giving the boundaries of each of the plots and making the description of the property very definite and clear. In view of him own written statement I do not think the learned Additional District Magistrate was justified in holding that there was difficulty in identification of the property.