DIBA BHOI Vs. KAPILA HARIJAN AND ORS.

JUDGEMENT

(1.) THIS criminal revision is directed against an order under Section 145. Code of Criminal Procedure passed by Shri M. Bhoi, Magistrate, first class. Bhawanipatna.

(2.) THE land in dispute is a Government land recorded as Jalchar. It was transferred to the Grama Panchayat in the year 1965. The Petitioner claimed to be in possession of the land since the year 1968. According to him, an encroachment case has been started against him under the provisions of the Orissa Prevention of Land Encroachment Act for unauthorised occupation and penalty has been realised from him. A notice to show cause under Section 6(1) of the Act has also been served on him. Opp. parties also claimed to be in possession of the land. Both parties filed written statements, affidavits and documents in support of their respective contentions. The learned Magistrate without deciding the question of possession directed both parties not to enter upon the land till the decision of the encroachment proceeding. Without deciding the question of possession he confiscated the crops raised on the land and referred the case to the Tahasildar for disposal according to law.

(3.) THE criminal revision is allowed and the impugned order is set aside. The case is remanded to the learned Magistrate for a fresh disposal according to law if there is still apprehension of breach of peace.