KAMESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Being aggrieved by the order dated 15-2-1990 passed by the Sub-divisional Magistrate, Cbas by reason of which the proceeding under Section 144 of the Code of Criminal Procedure (shortly 'Ct. P.C) has been converted into a proceeding under Section 145, Cr. P. C. and an attachment order under Section 146(1) Cr. P. C. has been made appointing the Land Reforms Deputy Collector (shortly LRDC) as a receiver, the petitioner has moved this court.

(2.) Before dealing with the grievances made by the petitioner it would be appropriate to petray the factual backgrounds of the case :

(3.) Mr. Mahto, learned Standing counsel assailed the order of the Magistrate mainly on the ground that the order impugned does not show that the Magistrate has applied his mind to the facts of the case inasmuch as he has not explained the circumstances on which he has come to a conclusion that a composite order under Sections 145(1) and 146(1), Gr.P.C. was necessary. In is further contended that only because a notification under Section 29 of the Indian Forest Act was published, in law possession of the forest department cannot be presumed.