(1.) Both the aforementioned Cr. Misc. Applications arise out of a order dated 09.09.2013 passed by learned Sub Divisional Magistrate, Aurangabad U/S 146(1) of the Code of Criminal Procedure in Case No. 2548/2013 (Prem Kumar Daruka & Ors. v. Ajay Kumar Singh & Ors.) and the consequential notice dated 10.09.2013 issued under signature of the Circle Officer-cum-receiver calling upon the petitioners in both the cases as also other purchasers to vacate the premises in question, if they are in occupation. The petitioner in Cr. Misc. No. 46131/2013 has challenged the notice and in sum and substance assailed the order of attachment and appointment of receiver by the learned Sub Divisional Magistrate pursuant to which the notice was issued; in Cr. Misc. No. 42871 of 2013, the petitioner has challenged the order dated 09.09.2013 passed by learned Sub Divisional Magistrate U/S 146(1) and by filing supplementary affidavit informed this Court that during pendency he was evicted from the premises by the receiver, thus a prayer has also been made for restoration of possession.
(2.) In view of the common facts and the issues involved in both the cases, as requested by the learned counsel for the parties, both the applications have been heard together and are being disposed of by this common order.
(3.) Learned counsel for the petitioners in both the cases requested this Court to take up the facts of the case for purpose of disposal from Cr. Misc. No. 42871/2013. Learned counsel for the opposite party no. 2 and 3 as also learned A.P.P. appearing for the State agreed to the same.