MANOHAR LAL Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the order, dated February 20, 1991, passed by Sub Divisional Magistrate, Bhatinda, respondent No. 1, under Section 145, Code of Criminal Procedure.

(2.) THE brief facts as stated in the petition are that petitioner No. 1 Manohar Lal Deep Chand father of respondent No. 2, Madan Lal and respondent No. 3 Mela Ram were real brothers and were owners in possession of ancestral land measuring 213 bighas and 15 biswas situated within the revenue limits of Village Bhatinda Patti Jhuti. The land comprised in Khasra Nos. 5410/3813 (19-16), 4261 (1-17), 4262 (8-19), 5414/4263 (20-4261 min. (0 19), 4242 min (2-1), 5518/4261 (1-8) and 4259 (15 00) fell to the share of petitioner No. 1 who is father of petitioners 2 and 3 Ramesh Chand and Dharam. Vir and husband of petitioner No. 4 Ram Piari. It is then stated in the petition that the land described above has been in exclusive possession of the petitioners eversince the family settlement took place and they are running a brick kiln since long on the said land. Deep Chand father or respondent No. 2 Madan Lal with mala fide intention and in order to obtain unlawful gain beyond his share of the ancestral joint family property measuring 213 bighas and 15 biswas instituted Civil Suit No. 872, dated December 1, 1987 for declaration and partition in respect or the land in question which had fallen to the share of the petitioners and the said suit is still pending in the Court of Shri S. C. Arora, Subordinate Judge First Class, Bhatinda, and is being contested by the legal representatives of Deep Chand, father of respondent No. 2 after his demise. A certified copy of the plaint of the said suit for partition is annexed as Annexure P-1 with this petition The petitioners fearing that respondent No. 2 Madan Lal son of Deep Chand might dispossess them from the aforesaid land in which they were in exclusive possession forcibly, instituted a Civil Suit for permanent injunction restraining respondent No. 2 from dispossessing the petitioners illegally, forcibly and from interfering in their peaceful possession over the land in question, in the Court of Additional Senior Subordinate Judge, Bhatinda. The learned Additional Senior Subordinate Judge, Bhatinda, on May 8, 1990 passed an interim order restraining respondent No. 2 alongwith others from dispossessing the petitioners from the above mentioned land. A certified copy of the injunction order, dated May 8, 1990 passed by the learned Additional Senior Subordinate Judge, Bhathinda, is annexed as Annexure P-2 with this petition. This order is still in operation.

(3.) THE petitioners appeared as respondents on receiving notice of the said application filed by respondent No. 2 under Section 145 of the Code of Criminal Procedure and apprised the learned Sub Divisional Magistrate of all the facts, as stated above. Respondent No. 1 did not seek any report from the police to the effect whether there was any apprehension of breach of peace on account of dispute of possession in respect of the land in question and passed an order, dated February 20, 1991 attaching the land in question under Section 145 of the Code of Criminal Procedure. A certified copy of the order, dated February 20, 1991 is annexed as Annexure P4 with this petition.