HARBHAJAN SINGH DHATT Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) HEARD finally at the motion stage.

(2.) THIS is an acrimonious petition between two sets of people contenting themselves to be members of two respective Managing Committees of Khalsa College, Garhdiwala, District Hoshiarpur. The law invoked for the purpose is section 482 Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India for quashing notice dated 28-1-1982 (Annexure p. 3) issued by the S. D. M. Dasuya initiallings proceedings under section 145(1) of the said Code. And as a equal thereto, there is an order under section 146(2) of the Code (Annexure p. 4) appointing Tehsildar, Dasuya as receiver. considering the case to be of emergency, and this too is the subject matter of attack.

(3.) A new leaf to the chapter was turned by the police intimating to the S.D.M. on 28-1-1992 that there was a dispute likely to cause breach of peace pertaining to the taking of possession of the College. The report is Annexure p. 1. The S. M. on that very day passed the order, Annexure p. 3 initiating proceedings under section 145(1) of the requiring the parties to attend his Court and particular date. And again on that very day, he passed the order, Annexure P. 4. attaching the College building under section 146(2) of the Code while appointing Tehsildar, Dasuya as the receiver for looking after the affairs of the college.