BHARAT SASMAL Vs. ADDITIONAL SESSIONS JUDGE

JUDGEMENT

(1.) THE unsuccessful first party in a proceeding under Section 145 of the Code of Criminal Procedure ('the Code', for short) invokes the extraordinary jurisdiction of this Court under Arts. 226 and 227 of the Constitution for the issuance of a writ of mandamus and/or certiorari or any other appropriate writ quashing the order (Annexure -3) passed by the learned Executive Magistrate declaring some members of the opposite parties to be in possession of the land in dispute and the revisional order (Annexure -4) passed by the learned Additional Sessions Judge, Puri, maintaining Annexure 3.

(2.) WHILE the petitioner's claim was based on the settlement of the disputed land in his favour under Section 4(2) of the Orissa Land Reforms Act after the vesting of the estate of the opposite party No. 19 with the State Government in 1974 and his possession of the land as a tenant first under the opposite party No. 19 and then in his own right, the opposite parties, who had contested the petitioner's claim, had claimed to have been inducted as tenants on the basis of Kabuliyat and Hukumnama. Both the contesting parties led oral and documentary evidence which were considered by the learned Executive Magistrate who accepted the case of the opposite parties claiming possession of the disputed land. The learned Additional Sessions Judge found no cause for interference in his revisional jurisdiction.

(3.) WE are not prepared to accept the contention raised by Mr. Routray that in view of the statutory bar contained in Section 397(3) of the Code with regard to a second revision after the petitioner unsuccessfully moved the Court of Session, this Court's writ jurisdiction is ousted. In our view, this bar does not affect this court's jurisdiction under Article 227 to interfere with an order made without jurisdiction. Reference may be made in this connection to the view taken by this Court in 1978 Cri LJ 1316 Sashidhar Naik v. Gadadhar Patel relying on the principles laid down by the Supreme Court in AIR 1976 SC 232 Swarn Singh v. State of Punjab.