LONGJAM THAMBALANGOU SINGH Vs. HUIDROM TOLLAMU SINGH

JUDGEMENT

(1.) THIS is a revision petition filed under Section 435, Cr. P.C. to set aside the order of the Sessions Judge, Manipur dated 1 -12 -1967 in Criminal Misc. Case No. 480/67 dismissing the same, filed to set aside the order of the S. D. M., I. W. dated 8 -11 -1967 in Criminal Misc. Case No. 43 of 1967 filed under Section 145, Cr. P.C.

(2.) THE brief facts of the case are thus, : The Tronglaobi sub -fishery of Leitangpat Fishery No. 128 was de -reserved in 1960. The Chief Commissioner, Manipur, ordered on 1 -7 -1960 that the said fishery should be settled in favour of a Farming Co -Operative Society, formed by the landless people of a contiguous village, without prejudice to the interest of the Government in the Grassmahal. On the assurance given by the Settlement Department, the petitioners formed a Farming Co -operative Society in 1965 -66. Even, prior to the year of de -reservation, the members of the Society including the petitioners reclaimed the lands and the petitioners were thus in physical possession and enjoyment of the lands for about 10 years.

(3.) THE respondents filed Writ Petition No. 10 of 1967 in this Court to set aside the order of the Chief Commissioner and obtained stay of the operation of his order. The respondents filed an application before the S. D. M., I. W., (Cril. Misc. Case No. 40 of 1967) under Section 144 (2), Cr. P.C. for an order against the petitioners. The S. D. M., I. W. passed an ex parte order on 5 -10 -1967 under Section 144 (2), Cr. P.C. The order was to remain in force upto 5 -12 -1967. On account of the said order, the petitioners were ousted from the possession of the disputed 30 pans of "Lou". Being aggrieved by the order, the petitioners filed a petition Cril. Misc. Case No. 4 of 1967 under Section 144(4) and (5) Cr. P.C. before the District Magistrate on 13 -10 -1967. The latter passed a stay order on 17 -10 -1967. By virtue of the stay order the petitioners' party resumed possession of the disputed 30 paris of "Lou". The stay order was operative till the final decision of Criminal Misc. Case No. 4 of 1967. The District Magistrate, however, erroneously added that the Mayang -Imphal Police could report to the S. D. M., I. W. under Section 144(2), Cr. P.C. if there was need for prevention of any breach of the peace.