PANKAJBASINI DEBI Vs. COLLECTOR TAHASILDAR S D M

JUDGEMENT

(1.) HEARD .

(2.) ON bare perusal of Section 136 Cr.P.C. it is needless to say that the aforesaid order is not covered by the provision under that provision of law and more so when no proceeding under Section 133 Cr.P.C was at all initiated. It is expected from an officer like District Magistrate -cum -Collector to read/know the law before passing such an order (as quoted above).

(3.) REGARD being had to the aforesaid facts and submissions, since the dispute between the parties was in relation to claim of title and possession, the Collector, Dhenkanal had no jurisdiction to decide the case in the above quoted manner in the grievance cell and therefore that order is quashed. Be that as it may, both the parties shall abide by the decision taken in the Civil proceeding (Second Appeal).