SANKHA RAM SAHU Vs. BURA TAKBI

JUDGEMENT

(1.) THIS is a criminal revision under Section 439 of the Criminal P.C., 1898, read with Article 227 of the Constitution, directed against the orders dated 16 -9 -1975 and 14 -10 -1975 passed by Shri A. Ahmad, Magistrate 1st Class at Diphu in M. R. Case No. 104 of 1971.

(2.) THIS proceeding has a chequered career. Admittedly the land is situated in Mikir Hills, which is governed by the Rules for Administration of Justice and Police. At all relevant period, it was in table A of the sixth schedule of the Constitution of India. The proceeding under Section 145, Criminal P. C. was initiated on 29 -12 -1971 on the strength of a police report. The Magistrate was satisfied that there was likelihood of breach of peace between the parties in respect of the possession of the land in question. The petitioners were the 1st parties and at their instance, the present proceeding was started. Thereafter, in due course, namely, on 27 -7 -1972, the learned Magistrate disposed of the proceeding, declaring possession of the land in favour of the petitioners. Against this order an appeal was taken to the appellate Court constituted under the Rules for Administration of Justice and Police in Sibsagar and Nowgong Mikir Hills Tracts, 1937. On appeal, the order declaring possession in favour of the petitioners was set aside by the Appellate Court, namely, the Additional Deputy Commissioner by his order dated 12 -12 -1974. While setting aside the order, the appellate authority remanded the case to the learned Magistrate to decide it in accordance with law and in the light of the observations made in the said order of the appellate court. Against the said order of the Appellate Court dated 12 -12 -1974 in Criminal Appeal No. 19 of 1972, the petitioners came up before this Court in Criminal Revision No. 50 of 1974. The matter was heard by my Lord the Hon'ble Chief Justice, who, by an order dated 2 -6 -1975 rejected the petition. It was, inter alia, held in the said criminal revision that the petition preferred by the petitioner was incompetent under Section 439 of the Criminal P. C., 1898.

(3.) BY the order dated 16 -9 -1975, the court directed the Officer -in -charge, Howraghat Police Station to attach the disputed land immediately inasmuch as there was already an order of attachment made by him on 4 -8 -1972; but according to the learned Magistrate as the case was pending before the High Court, the order could not be conveyed to the Officer -in -charge for the execution thereof. The learned Magistrate observed that there was already an order dated 7 -8 -1972 passed by him attaching the disputed land.