NATHI Vs. PATORI

JUDGEMENT

(1.) THIS is an application in revision against an order of the Sessions Judge, Bharatpur, dated June 20. 1977 by which the order passed by the Executive Magistrate, Bayana, dated April 11, 1977, ordering attachment of the agricultural land was set aside. 2 The short facts giving rise to this revision application may be briefly narrated as follows:-

(2.) PROCEEDINGS under section 145, Cr. P. C. were initiated against Patori non-applicant by the Executive Magistrate, Bayana, on an application made by Nathi applicant in respect of agricultural lands situated in village Barah Mashi Tehsil Roopbas measuring 5 Bighas and 3 Biswas. The Executive Magistrate, however, did not draw any preliminary order but called upon the non-applicant Patori to appear in his court on April 5, 1977, as is evident from the certified copy of his order dated March 28, 1977, which reads as follows:- *** Patori, non-applicant put in his appearance in response to the notice issued to him and contested the application of Nathi. The Executive Magistrate, thereupon, perused the record, heard arguments advanced by the learned counsel for the parties and came to a conclusion on April 11, 1977 that although the dispute between the parties was of a civil nature, but as the dispute related to agricultural lands, the land in dispute should be attached. So he passed an order of attachment of the land under controversy and appointed the Tehsildar, Roopbas, as receiver thereof. Aggrieved by this order, Patori, non-applicant filed a revision application in the court of the Sessions Judge, Bharatpur. who, by his order dated June 20, l977, accepted the revision application and set aside the order of attachment on the ground that no case for attachment of the land in dispute was made out under section 146, Cr. P. C. As against this order of the learned Sessions Judge, Nathi has moved this Court in revision.