DINESH CHANDER Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) THIS revision has been filed by Dinesh Chander again -at the order of the Additional District Magistrate, Udaipur City, Udaipur, dated August 17, 1988 directing attachment of the shop (Garrage) situate at 16 Bhamashah Marg, Udaipur, and appointing the Station House Officer, Udaipur, as its receiver.

(2.) DINESH Chander claims to be the tenant of the shop and urges that Vijay Singh wants to evict him unlawfully from the said shop. Respondent No. 2, on the other hand, maintains that Dinesh Chander is a trespasser and has forcibly occupied the garrage. Finding that there was apprehension of breach of peace between the parties the Station House Officer on July 22, 1988, filed a complaint Under Section 17, 116 & 145 Cr. PC in the Court of Additional District Magistrate, Udaipur City, Udaipur. A preliminary order was drawn on July 23, 1988. Subsequently, the learned Magistrate by the order dated August 17, 1988, directed that the property be attached and appointed the Station House Officer as receiver Dissatisfied with this, the petitioner has filed the present revision in this Court.

(3.) I find force in the contention raised by the counsel for the petitioner. This matter had earlier came before N. C. Sharma, J. on January 4, 1989 The following order was passed on that date by Sharma. J.