GULLA MIR Vs. NAZIR AHMAD MIR

JUDGEMENT

(1.) ORDER :- Heard Mr. Mehraj at length in these proceedings under Section 561-A, Cr.P.C.

(2.) Mr. Mehraj tried to project that learned Addl. District Magistrate, Kupwara has not passed the order in accordance with the procedure and the statute. He had in fact procured information/reports from his subordinate agencies right up from the rank of Tehsildar, Girdawar down to the level of Patwari and on the basis of that information, learned Magistrate, respondent No. 6 has assumed jurisdiction under sub-section (1) of Section 145, Cr.P.C. and issued notices to all the concerned including the non-applicants to put in their respective claims and documents as respect of fact of actual possession of the subject of dispute.

(3.) Learned counsel for the petitioners further submits that the matter was not one of emergency, but even then the learned Additional District Magistrate has attached the property on spot when there are crops standing in the land in dispute and it is only to deprive the non-applicants before the trial Magistrate of their usufructs when in fact revenue records do show them in possession and despite this, the Magistrate has assumed the jurisdiction.