B. SIMANCHALAN Vs. BASANTA KUMAR BEBERTA AND ORS.

JUDGEMENT

(1.) REFUSAL to drop two proceedings under Section 145, Code of Criminal Procedure is assailed by the second party member in these two applications. As the parties are the same and point of dispute to be decided is the same in both the applications, they were heard together and are disposed of in this judgment.

(2.) ON the basis of police report preliminary order was passed On 11.9.1986 in respect of 342 decimals out of 3 acres of land in plot No. 1144. Both the parties were directed not to enter upon the land. On 6.11.1986, the Revenue Inspector, Gurandi was appointed as receiver and was directed to sell the standing crop by auction. On 10.11.1986, in place of Revenue Inspector, Gurandi, such officer of Garabandha was appointed as receiver. Later, it was found that the area is 66 decimals which the Revenue Inspector took charge. Against the order dated 6.11.1986. Petitioner went in revision to the Sessions Judge but ultimately the same was dismissed. On 12.11.1986, first party filed an application for initiation of a proceeding in respect of 2 acres 28 decimals of land in plot No. 1144. On receipt of police report preliminary order was passed on 24.11.1986 and the Revenue Inspector was directed to be the receiver of the crop and to sell the standing crop by auction. Both parties warp prohibited to enter upon the disputed land.

(3.) DURING pendency of these two applications an affidavit has been filed stating that the Revenue Officer has been moved to appoint a receiver and although the matter has been heard, no order has been passed.