MILAN DAS AND ORS. Vs. AMBIKA TEA ESTATE

JUDGEMENT

(1.) In this petition under section 482 Cr. P.C., the petitioner has approached this court for quashing the proceedings under section 145/146 Cr. P. C. registered as Misc. Case No. 2/87 pending in the Court of Shri Gajen Hazarika, learned Executive Magistrate, Udalguri.

(2.) It appears that, the first party on 11.2.87 filed an application before the Sub Divisional Judicial Magistrate (Executive), Udalguri alleging that 2nd parties (petitioners and others) in the month of Jan., 87 illegally trespassed into the land of the first party described in Schedule 'A' and illegally occupied an area of land measuring more or less 2 Bighas and built temporary shed/houses thereon and that each of them was illegally/occupying more or less 2 Kathas 2 Lechas of land. Such illegal trespass and occupation caused loss to the Tea Estate and there would be law and order problem and create tension amongst the labourers and there was apprehension of breach of peace. Under the circumstances, it was prayed that the matter should be enquired into and suitable steps be taken to evict the trespassers (2nd party) from the land. In the Schedule 'A', description of the land was-Total land involved 368 Bighas pertaining to Touzi No. 123 of Nispikheraj Mahal No. 34/49 of village Sahjambari, Mouza Majekuchi of sub-division, Udalguri, bounded as, East-Nishanali village, West-Krishna Susabin Tea Estate, North-Khusigaon village and South - Land of Ambika Tea Estate. The application was transferred in the court of Gajen Hazarika, learned Executive Magistrate and Misc. Case No. 2/87 was registered under section 145/146 Cr. P. C. Learned Magistrate by order passed on the same date on 11.287 draw up proceeding under section 145 Cr. P. C. and by the same ex-parte, in exercise of power under section 146 (1) Crimial P.C. attached the disputed land directing both the parties not to enter into the disputed land. The land in dispute was taken to be the entire land described in the Schedule 'A' to the petition. Thereafter, learned Magistrate in consideration of subsequent application of the first party by the ex-parte order dated 11.3.87 cancelled the earlier ex parte order dated 11.2.87, and attached the disputed land as described in the schedule to the 2nd application in exercise of power under sub-section 1 of section 146 Cr. P. C. Schedule of the disputed land was shown as below:-

(3.) Learned counsel for the petitioners has submitted that Title Suit No. 13/73 and 18/73 are pending for ejectment of the persons in occupation in respect of the land described in Schedule 'A' of the complaint dated 11.2.87 and that the disputed land of the proceeding being subject matter of T.S.No.13/73 and 18/73, the impugned proceeding under section 145 Cr P.C is incompetent and liable to be quashed.