BASHIR AHMAD GANIE Vs. FAROOQ AHMAD RATHER

JUDGEMENT

(1.) The petitioner has challenged order dtd. 17/3/2022 passed by learned Additional Sessions Judge Anantnag in a revision petition filed against order dtd. 24/10/2019 passed by Sub Divisional Magistrate Dooru. Challenge has also been thrown to order dtd. 24/9/2019 passed by the Executive Magistrate 1st Class (Tehsildar) Qazigund, whereby the disputed land and crops standing thereon have been directed to be attached.

(2.) It appears that respondent No. 1 had filed a proceeding under Sec. 145 Cr.P.C. against the petitioner in respect of land measuring 7 kanals under survey No. 535 min and land measuring 3 kanals and 14 marlas under survey No. 465 min, situated at village Kurigam Tehsil Qazigund. Learned Executive Magistrate 1st Class (Tehsildar) Qazigund has passed order dtd. 24/9/2019 in the said proceedings, observing that in order to avoid breach of peace on spot, the aforesaid land alongwith crops of kharief 2019 be attached and Lumberdar and Chowkidar concerned have been directed to take possession of the disputed land and to hold the same under attachment. It appears that the Sub Divisional Magistrate Dooru has vide his communication dtd. 24/10/2019 quashed the aforesaid order of the Executive Magistrate 1st Class (Tehsildar) Qazigund and directed him to handover the crop to the petitioner herein. The aforesaid order of the Sub Divisional Magistrate Dooru came to be challenged by the respondents herein by way of revision petition before the learned Additional Sessions Judge Anantnag. The learned Additional Sessions Judge after hearing the parties accepted the revision petition and set aside the order dtd. 24/10/2019 passed by learned Sub Divisional Magistrate Dooru.

(3.) I have heard learned counsel for the petitioner and perused the impugned order and the documents attached to the petition.