PREMODA MEDHI Vs. GAUHATI ROLLER FLOUR MILLS LTD

JUDGEMENT

(1.) Heard Mr. A. K. Goswami, learned Counsel for the petitioners and also heard Mrs. M. Hazarika, learned Counsel appearing for the respondents.

(2.) The order dated 11-6-02 passed by the learned Sub-Divisional Magistrate, Kamrup, Guwahati in Case No. 209M/2002 under Section 144, Cr. P.C. is under challenge in this criminal revision.

(3.) The impugned order in which the legality and validity is questioned is extracted under :- "ORDER Seen the petition filed by one Sri Kishor Sarma supported by an affidavit and heard the learned Advocate on behalf of the Ist party petitioner. I am satisfied that there is every possibility for serious and iminent breach of peace between the parties as well as public tranquility which may even lead to riot/affray concerning the land as mentioned in the schedule below and hence a proceeding u/S. 144, Cr. P.C. is ordered to be drawn restraining the 2nd party members from entering into the disputed land with immediate effect and until further order. The 2nd party members are, however at liberty to appear before the Court on the date fixed along with their written objection and other connected documents if any for cancellation/modification of the ex parte order. O.C. Dispur Police Station is directed to execute the order and report compliance. Fixed 3-7-2002. SCHEDULE OF THE LAND : Land measuring 1 katha 5 leachas covered by Dag No. 963 patta No. 288 under Beltola mouza of Japorigog and bounded by :- North- Srinagar path, East- Income-tax Office, South; G.M.C. Hospital, West A.B.C. Sd/ Illegible Sub-Divisional Magistrate, Guwahati, Dated 11-6-2002. No. 100. Copy to the O/C Dispur Police Station. He is directed to execute the order and report compliance immediately. Sd/- Illegible Sub-Divisional Magistrate."@@@