DARYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) DARYA and others petitioners arraigned as Party No. 1 before the trial Court, through this petition filed under Section 482 of the Code of Criminal Procedure 1973. (for short referred to as the Code) seek the quashment of the order dated 22.1.1990 (Annexure P. 14) of the Executive Magistrate passed under Sections 145 and 146 of the Code, mainly on the ground that they were in settled possession of the land in dispute.

(2.) THE brief resume of facts relevant for the disposal of this petition is that the local committee of village Naguran filed an application before the police of P. S. Alewa stating that in their village there is dera land measuring 65-1/2 acres which they cultivate for the benefit of the dera and had sown the wheat crop. On the day of this application, they were irrigating the fields when Deva Singh and Darya restrained them from so doing and threatened to them kill. On the basis of the application, the local police submitted Kalnadra (Annexure P. 151, dated 18-1-1990 before the Sub-Divisional Magistrate, Jind for institution of proceedings under section 145 of the Code. It is mentioned in the Kalandra that shamilat deh measuring 514 kanals and 8 marlas in village Naguran stands in the name of religious samadh where lived Baba Surat Nath 30-40 years ago. Darya Singh, Vijay Singh, Sat Narain etc. Party No. 1 had taken this land on lease and cultivate the same. That entries in Khasra Girdawari are also in their name, but these persons i. e., the petitioners had been illegally extending the period of the lease resulting in Baba Samadh filing a civil suit for possession against them and the civil suit was decided in favour of the Baba Samadh/Panchayat but the above said party had filed an appeal against that judgment in the High Court and now the Gram Panchayat wants to take possession of the land of this Samadh but the above-said party does not want to surrender the possession. Due to this, tension has arisen in the village. Under these circumstances, it was requested that proceedings under Section 145 of the Code be instituted and the land be attached. On this report, the Sub-Divisional Magistrate passed the impugned order (Annexure P/4) on that day 22-1-1990 under Section 45 of the Code and called upon the parties to appear in his Court on 7-2-1990 for filing their respective claims in writing regarding the actual possession or title. The Block Development and Panchayat Officer, Alewa was appointed Receiver under Section 146 of the Code vide that very order after attaching the land.

(3.) THE provisions of section 145 of the Code read as under :-