JYOSHNAMAYEE PRADHAN Vs. RAMESH CHANDRA MANGARAJ

JUDGEMENT

(1.) THIS revision is directed against the order dated 28.09.2007 passed by the Executive Magistrate, Bhubaneswar in Crl. Misc. Case No. 931 of 2007 restraining the Petitioner from making any construction or structure over the case land and directing both the parties to take shelter of the competent civil Court, if necessary.

(2.) THE present opposite party (1st party before the Court below) filed a petition under Section 144 Code of Criminal Procedure before the Executive Magistrate, Bhubaneswar against the present Petitioner (2nd party before the Court below). His case was that he is in possession of the disputed property on the basis of an agreement to sale and the Petitioner is disturbing his possession by coming over the disputed property. The case of the Petitioner was that she purchased the disputed property on 18.01.2002, mutated the same in her name, continued with possession by constructing a boundary wall over the same. She has also got a plan approved by the B.D.A. to construct a building and has been paying rent to the State and so also electricity charges to CESCO. In her show -cause, she specifically pleaded that the proceeding was not maintainable as there was absolutely no apprehension of breach of peace.

(3.) MRS . Mohanty, learned Counsel for the opposite party submitted that there is no illegality committed by the Executive Magistrate. The only remedy available to the Petitioner is to approach the competent civil Court and order the Executive Magistrate has rightly passed such an order. The sale deed executed by the vendor of the Petitioner is ab initio void in view of the decree passed in T.S. No. 105 of 1985. The order passed by the Executive Magistrate under Section 144 Code of Criminal Procedure shall not remain in force for more than two months from the date of its passing, i.e., 28.09.2007. Therefore, the matter has become infructuous and nothing remains to be decided in this revision.