DAMBARUDHAR PRADHAN Vs. RAMESH CHANDRA GADNAIK

JUDGEMENT

(1.) This revision is directed against the order passed by the Sub- Divisional Magistrate, Pallahara under Section 146(1) of Code of Criminal Procedure ('Code') for short) attaching the disputed land having an area of Ac. 0.70 decimals appertaining to Khata No. 20 of village Jambua within Khumar Police Station of Pallahara sub-division.

(2.) The petitioner was the first party and the opposite parties were members of the second party in a proceeding under Section 145 of the Code initiated by the former. According to his averments, the disputed land was recorded in the record-of-rights in the name of Gramadevati with a further record that he was the Marfatdar. He was in possession of the disputed land throughout and since the time of his forefathers performing the Seba Puja of the deity. The opposite parties, villagers created disturbance over the possession of the same and themselves claimed to possess the disputed land. Therefore, the petitioner apprehended breach of peace and initiated the proceeding under Section 145 of the Code.

(3.) The Executive Magistrate passed a preliminary order, attached the disputed land and gave the standing crops to the custody of the Revenue Inspector. He also issued notice to the opposite parties to enter appearance and file their statements.