NARSINGH DAVAL Vs. C.D. DOGRA

JUDGEMENT

(1.) THERE is an application under Section 561 A, Cr. P.C. read with Article 227 of the Constitution as well as a proceeding under Section 3 of the Contempt of Courts Act before me. Originally, there was only one application under Section 561 A. Cr. P.C./227 of the Constitution based on the following assertions. The opposite party Charan Dass Dogra. a locally influential Derson wanted to dispossess the petitioner who was in possession of an orchard on the basis of a mortgage cum lease deed which was valid upto 31st December. 1972. The above mentioned Charan Dass Dogra, opposite party No. 1. an Advocate of Kullu, persuaded the District Magistrate of Kullu to pass an ex party order dated 11th August. 1969 purporting to be under Section 145 Cr. P.C. to declare Charan Dass Dogra forthwith as a party in possession and prohibiting the petitioner from interference with his possession over the orchard. No District Magistrate who had even looked at the provisions of Section 145 Cr. P.C. could have possibly passed such an illegal order. Such an order was, however, passed. The case was then transferred to the file of an Executive Magistrate of Kullu. T. R. Sharma, opposite party No. 2, on 18th August. 1969. On 27th August, 1969. the Executive Magistrate concerned passed another extraordinary order without giving any notice to the petitioner. by this order he appointed the Tahsildar. Kullu, to proceed to the spot and to attach the orchard and to appoint any person he considered fit as a receiver. This receiver was to pick the fruit and dispose them of at the prevalent market rates. This order was passed on an application of Charan Dass Dogra. dated 27th August. 1969. alleging that the fruit in the orchard was liable to rapid decay unless it was speedily disposed of through somebody appointed by the court. If Charan Dass Dogra was already actually in possession and armed with the order of the District Magistrate dated 11th August 1969. prohibiting the petitioner from going near the orchard, it is difficult to understand why he needed further protection of the Magistrate. In any case he succeeded in obtaining another exparte order of the Magistrate affording him this further benign protection.

(2.) ON 28th August. 1969. on an application filed by Charan Dass Dogra. the Executive Magistrate ordered the petitioner, his son, B. C. Negi, a Deputy Superintendent of Police. Hansrai. A. S. I. and Baburam. S. H. O to appear for contempt of Court for having violated the orders of the District Magistrate and to show cause why they should not be prosecuted under Section 188. I. P.C. read with Section 3 of the Contempt of Courts Act.

(3.) THE order dated 3rd September 1969. passed by the Executive Magistrate T. R. Sharma. reads as follows: