BANARSI PRASAD VERMA AND SHEO SHANKAR PRASAD SINGH Vs. BINDESHWARI PRASAD SINGH AND BRAHMDEO PRASAD SAO

JUDGEMENT

(1.) This application in revision is for setting aside an order passed by the Sub -divisional Magistrate Khagaria in Case No. 971 -P of 1969 on 20 -11 -1969 ordering for the opening of the lock of a school. It may be also mentioned here that a revision against that order was filed before the Sessions Judge, Monghyr which was dismissed on 29 -11 -1969. The relevant facts which have given rise to this present application may be briefly stated as follows:

(2.) On 28 -10 -1969 the present opposite party filed a petition before the Sub -divisional Magistrate praying that a Magistrate may be deputed immediately to remove the lock of the school and to prepare an inventory. On the basis of this petition the Sub -divisional Magistrate directed Shri S. Singh, Sub -Deputy Magistrate to get the office opened and to prepare an inventory of the articles. Shri S. Singh submitted a report that he could not locate the actual office of the school and sent back the record with a request that the S.D.E.O. may be asked to identify the school. On 20 -11 -1969 the opposite party filed another petition praying that another Magistrate may be deputed and not to ask the S.D.E.O. to accompany him and the Sub -divisional Magistrate on 20 -11 -1969 passed the order quoted here below and this is the impugned order: - -

(3.) It may be also mentioned here that a supplementary affidavit was filed on behalf of the petitioners stating therein that the impugned order was also had because it was ex parte without any notice to the petitioners and without giving an opportunity of being heard.