GHULAM MOHD. BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Dispute in respect of land comprised in Survey Nos.1717 and 2005, situated at Moza Kripalpora, Pattan, between the petitioner and private respondents, necessitated initiation of proceedings under Section 145 of Criminal Procedure Code. An application in this behalf was received by the Tehsildar (Executive Magistrate), Pattan, from the police station concerned. A composite order came to be passed on the aforementioned application dt. 12th of Aug'09, whereby the property in dispute was attached. Aggrieved by the above order, a revision petition was preferred by the private respondents before the learned Additional District Judge, Baramulla.

(2.) The revisional court after hearing learned counsel for the parties, set aside the order passed by the learned Tehsildar (Executive Magistrate), Pattan, vide order impugned dt. 26th of April'10, on the following grounds:- i/ that the land in question which was the subject matter of dispute was an orchard as such, the learned Executive Magistrate lacked jurisdiction to initiate such proceedings; ii/ that the preliminary order passed by the authority concerned directing attachment of the property, was not in consonance with the law.

(3.) Aggrieved by the aforementioned order, the present petition has been filed.