DOGAR SINGH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) The sole question raised by the petitioner's learned counsel in the present petition seeking quashing of police calendra is that petitioner is armed with an ad -interim order of the civil Court and that the Civil suit is pending with respect to the controversy. Few of the facts can be reiterated herein as under.

(2.) THE petitioner contends that he is in cultivating possession of the land in dispute. Apprehending danger from respondent No. 2 that he may be not dispossessed except in due course of law, he filed a civil suit for grant of ad -interim injunction, which was granted holding that prima facie petitioner is in possession. It is being informed that the said ad -interim injunction was confirmed and respondent No. 2 has since been restrained from dispossessing the petitioner from the suit property. A report was submitted by Assistant Sub Inspector Jangir Singh to the Sub Divisional Executive Magistrate. There also it has been mentioned that there is apprehension of breach of peace, but petitioner prima facie is stated to be in possession of the same. Learned Sub Divisional Executive Magistrate acting on the same, recorded vide the impugned order that there is apprehension of breach of peace. Naib Tehsildar, Jallalabad was appointed as receiver.