MAN SINGH Vs. JAI PAL

JUDGEMENT

(1.) THE petitioners Man Singh etc., the second party have filed this petition under section 482 of the Code of Criminal Procedure, 1973 for quashing the order of the Executive Magistrate, Ambala Annexure P1 to initiate proceedings under section 145 Sub-Section (1) of the Code and the order Annexure P2 attaching the land in dispute and appointing the Tehsildar as receiver in those proceedings inter alia contending the petitioners being already in possession of the property in dispute, there was no legal justification for initiating proceedings under section 145 of the Code or for attaching the land and appointment of receiver.

(2.) THE brief resume of facts figuring in the calendara submitted by the police is that the land in dispute is the shamlat deh of the Gram Panchayat of village Sehla. The committee of the Gram Panchayat got planted eucalyptus trees from the Forest Department. These plants were distroyed by the animals and are now confined to very small piece of land. Rest of the land has been cultivated by the second party (i e. the present petitioners) with tractors. The first party has got a stay order from the Court with respect to the possession of this land but the second party had again cultivated it despite the stay order. It is also averred that the first patty had filed an application for the partition of this shamlat land before the revenue authorities. It is further mentioned in the calendar that both, the parties are asserting their right to cultivate the land and that there is imminent apprehension of breach of peace. Under these circumstances, the report was submitted before the Sub Divisional Magistrate for initiation of the proceedings under section 145 of the Code The. Sub Divisional Magistrate. vide order Annexure P1 dated 13th of July, 1990 being satisfied that there can be breach of peace at any time over the possession of the land in dispute issued notices to both the parties under section 14.5 sub section (1) of the Code for 30th of July 1990. During the pendency of these proceedings on the request of the learned counsel for the first party (i.e. the present respondents), the Executive Magistrate vide order Annexure P2 dated 25th of October, 1990 ordered the attachment of the property i.e. the land and appointed tehsildar, Barara as receiver to take possession of the property. Accordingly, the land was attached by the revenne authorities on 28th of October, 1.990 and both the parties were directed to a pear before the Tehsildar, Barara on 30th of October, 1990. The Tehsildar auctioned the paddy crop and Sirkanda reeds grown on the attached land and the present petitioners had taken those crops in auction for Rs. 13,100/- and had deposited 25% of the bid money.

(3.) IN return filed by the first party, it is maintained that the land belongs to the proprietors of the village and fifteen persons (out of the present petitioners) being not owners of any land in this village, are not entitled to the possession of the shamlat land. It is further averred that the petitioners are not in settled possession of the land but had taken its illegal possession. Thus it is maintained that initiation of the proceedings under section 145 of the Code and attachment of the land under section 146 of the Code was well justifiable. The pendency of the security proceedings between the parties was, however, admitted 'as well as the factum that the partition proceedings between the proprietors of the village are pending before the revenue authorities qua this land.