AKBAR PALLA Vs. TAJA

JUDGEMENT

(1.) This Criminal Reference has been made by the learned Sessions Judge, Baramulla recommending that the order of the learned Tehsildar-Executive Magistrate, Pattan dated 28-6-1984 be quashed for the reasons mentioned therein.

(2.) I have heard the learned counsel for the parties and have examined the record.

(3.) It appears that the petitioner happens to be the brother of the respondents who are his sisters. On the death of their father mutations have been effected in their favour by the Revenue authorities in equal shares of the land in dispute. The said order of mutation has been challenged by the petitioner before the Deputy Commissioner, Baramulla. The respondents got proceedings initiated under S. 145 Cr. P.C. leading to attachment of the land in question. The petitioner filed a suit in the Court of Sub-Judge Baramalla for permanent injunction. Against the order of attachment under S. 145(4) Cr. P.C. a Revision came to be filed before the learned Sessions Judge, Baramulla and he has made this Reference for quashing the very proceedings.