AMULYA SAHU Vs. TRINATH NAYAK

JUDGEMENT

(1.) This revision is preferred against the order dated 3-11-1983 passed by the Executive Megistrate, Barhampur, in Misc Case No. 211 of 1979 reviewing his earlier order dated 27-8-82, declaring the possession of the disputed lands with the present petitioners and directing the Revenue Inspector of Srichandanpur to deliver possession of the same to them.

(2.) The relevant facts giving rise to the present revision may be briefly stated thus: The present petitioners are the second party members 1, 4 and 2 respectively, whereas the opposite parties are the first party members in Misc. Case No. 211 of 1979, a proceedings under section 145 Cr. P.C initiated on 20.11-1979 in respect of the disputed lands. On 9-8-1982 in Mutation Appeal No.5 of 1981, the S.D.O., Berhampur, ordered that the disputed lands be mutated in favour of the petitioners. On 27-8-1982 the learned Magistrate passed orders declaring the possession of the disputed lands with the second party members (the present petitioners) and directing the Revenue Inspector, Srichandanpur, to deliver the possession of the disputed lands to the petitioners. In persuance of the said orders, the possession of the disputed land was delivered to the petitioners on 22-9-1982. On 7-10-1982, the amount of Rs. 2,723/- deposited by the reciever towards the lease amount of the disputed lands was directed to be refunded to the second party members. On 30-3-1983 the order of mutation dated 9-8-1982 passed by the S.D.O was reversed by the R.D.C. On 3-11-1983, an application filed by the first party (the present opposite parties) the learned Magistrate reviewed his earlier order passed on 27-8-1982, and revived the Misc. Case No. 211 of 1979 and re-attached the disputed lands under section 146(1) Cr. P.C. Being aggrieved by that order the present revision is filed.

(3.) The relevant-portion of the impugned order is quoted below: TI The ex-parte order passed on 27-8-82 are set aside Perused the petition of 1st party. I am satisfied that the disputes still continuous (sic), and there is every possibility and likelihood of breach of peace if immediate remedial action is not taken. I, therefore, hereby attach the disputed land mentioned below and both the parties are hereby restrained to enter upon the case lands VIS 146(1) Cr. P.C. The R.I. Srichandanpur is appointed as Receiver TI