ASHOK KUMAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE second-party petitioner has preferred this revision application against the order dated 2nd February 2002 passed by the Learned Sub-divisional Magistrate, Araria in Case No. 531 M/ 2001 by which the land in question has been attached under Section 146 (1) Cr.P.C. and the Officer-in-Charge, Palasi has been appointed as receiver.

(2.) LEARNED counsel for the petitioner has submitted that the 1st Party-Opposite party no.4 filed a petition before the LEARNED Sub-divisional Magistrate and a proceeding under Section 145 Cr.P.C. was initiated by the LEARNED Sub-divisional Magistrate vide order dated 15.10.2001 and both the parties were directed to file their show-cause on 12.11.2001. Notices were issued to both the parties with regard to the land in dispute bearing Mouza Balua, Thana Palasi, R.S. Khata No. 898 Plot No. 4956 and 4957, area 0.10 Acres.

(3.) AFTER hearing learned counsel for both the parties and on perusal of the record, it appears that the contention of learned counsel for the petitioner is correct. It appears that the order was passed for issuance of notice to both the parties vide order dated 12.11.2001 and the service report was not received and the impugned order has been passed without serving the notice to the petitioner. It also appears that there is a dwelling house on the land in dispute.