FATEHSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioners herein for assailing the order dated 3.10.2016 passed by the learned Additional Sessions Judge No.4 in revision whereby the revision filed by the petitioners was dismissed and the order dated 25.4.2016 passed by the SDM Girwa in Cr.Case No.27/80 was affirmed.

(2.) Brief facts relevant and essential for disposal of the petition are noted hereinbelow.

(3.) Proceedings under Section 145 Cr.P.C. were registered in relation to the disputed chunk of land in the court of the Judicial Magistrate, Girwa in the year 1980. 125 Bighas of land in village Mauja Bambora Dhela Talab was attached and Nayab Tehsildar Kurabad was appointed the Receiver thereof. The proceedings were concluded by the learned Executive Magistrate vide order dated 15.7.1991 holding that neither the party No.1 nor the party No.2 could establish possession on the land and accordingly, the order of attachment and appointment of Receiver was confirmed and the parties were left at liberty to approach the Civil Court for establishing their right/title on the disputed chunk of land.