GHANASHYAM BUDEK Vs. PANCHANAN BUDEK AND ORS.

JUDGEMENT

(1.) THE first party in a proceeding under Section 145, Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code of Criminal Procedure") has filed this revision.

(2.) ON the basis of a petition of the present Petitioner, a preliminary order under Section 145(1), Code of Criminal Procedure was issued on 15.11.1993 by the revenue officer cum -Executive Magistrate, Titilagarh, in C.N.C. No. 214 of 1993 in respect of Ac. 0.38 decimals of land appertaining to plot No. 1460/2256 in village Chhanchhada within Saintala police station. The first party claimed that his father had purchased the disputed land by a registered sale deed dated 16.3.1974 from the father of second party No. 2 and was in possession of the disputed land. However, taking advantage of the order in Mutation Appeal No. 3/92, the second party members created disturbance in his possession foreign him to file the application before the Magistrate.

(3.) IN his judgment, the Additional Sessions Judge has observed that the final order passed by the Magistrate did not show the khata number of the disputed land and as such there was some ambiguity in the order. The final order passed by the Executive Magistrate is with reference to the preliminary order and in the preliminary order, the Khata number as well as plot number of the disputed land had been properly described. It does not appear that any of the second party members had raised any doubt regarding the identity of the land. The observation of the Additional Sessions Judge to the contrary is clearly based on error of record and unsustainable.