JATINDAS Vs. AMRITLAL DAS

JUDGEMENT

(1.) This Criminal Revision under Section 397/ 401 Cr.P.C. is directed against the order dated 18.9.98 passed by the Addl. District & Sessions Judge, Morigaon in case No.MRF/ 11/92 of 1998 under Section 144, Cr.P.C.

(2.) The facts in brief are that the petitioner Shri Jatin Das filed an application before the District Magistrate, Morigaon stating, inter alia, that No.32 Daipara Min Mahal Fishery and No. 129 Haria Dablong Fishery were settled with 35 No. Pakoria Min Samabay Samity Ltd., hereinafter referred to as 'the Samity'. The present petitioner was the Secretary of the said Samity and in the year 1995 he was allowed to run the said fisheries but before the expiry of the said period, the Opposite party No. 1 Shri Amrit Lai Das who has been appointed as the Secretary of the Samity is creating problems and there is apprehension of serious breach of peace relating to the possession of the said fisheries. The petitioner, therefore, prayed for drawal of a proceeding under Section 144, Cr.P.C. and for declaration of his possession over the fisheries described in the schedule to the plaint, hereinafter referred to as'the DL'.

(3.) On being satisfied the learned Addl. District Magistrate, Morigaon vide Order dated 18.9.98 drew up a proceeding u/s 144 Cr.P.C. and prevented the members of the second party from entering into the DL. Thereafter the present respondent Amrit Lal Das filed an application for modification of the order dated 18.9.98 and the learned Addl. District Magistrate, after hearing the second party, modified the order and even restrained the first party from entering into the DL. Feeling aggrieved the petitioner first party has filed the present revision.