LAWS(ORI)-2004-12-10

SURENDRA KUMAR PATRA Vs. KANDURI BHATTA

Decided On December 21, 2004
Surendra Kumar Patra Appellant
V/S
Kanduri Bhatta Respondents

JUDGEMENT

(1.) THE order dated 16.10.2004 passed by the Executive Magistrate, Puri in Criminal Misc. case No. 439 of 2004 arising out of a proceeding Under Section 144 Cr.P.C. wherein he directed the S.D.O., CESCO, Puri Division -II (2nd party No. 1) to restore power supply to the 2nd party No. 2 keeping in view the decision of C.D. case No. 166 of 2004 and avoiding the disputed plot Nos. 285, 286 and 287 is under challenge by the 2nd party No. 2 in this revision.

(2.) THE present petitioner was the 2nd party No. 2 while Opp. Party Nos. 1 to 3 were the 1st party and O.P. No. 4, the S.D.O., CESCO, Puri Division No. II at Red Cross Road was the 2nd party No. 1 before the Court below in Crl. Misc. case No. 439 of 2004.

(3.) AFTER holding so, he ordered that he was not inclined to proceed further in the matter. However, it was further ordered that the CESCO authority might restore power supply to the 2nd party No. 2 keeping in view the decision of C.D. case No. 166 of 2004, avoiding the disputed plots bearing Nos. 285, 286 and 287.