RAMKISHORE DAS & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This S.B. Criminal Revision Petition is directed against the order dated 2.11.2000 passed by learned Additional Sessions Judge, Baran, whereby the order dated 2.8.2000 passed by Sub-Divisional Magistrate, Baran was set aside and the case was remanded with a direction that both the parties would be allowed opportunity to produce evidence and thereafter the Magistrate would pass fresh order according to law.

(2.) The relevant facts in brief are that S.H.O. Police Station Mangrol filed a complaint before Sub-Divisional Magistrate, Baran with the averments that 10 bighas land is situated in village Bhatwada. This land was in the name of Ma, araj Jagannath Das. After the death of Maharaj Jagannath Das, Shri Ramkishore Das (petitioner No. 1) before this Court was entrusted the management of this land. Since Shri Ramkishore Das was residing at Kanpur, some villagers appointed Sadhu Shyam Das (respondent No. 2) in this revision to look after this land. But in view of doubtful activities of Sadhu Shyam Das, another group of the villagers stood against him and thus a dispute has arisen between the two groups of the village. Therefore, to maintain the peace in the village necessary orders with regard to this land should be passed.

(3.) On the day of filing this application i.e. 31.5.1993 learned Sub-Divisional Magistrate appointed the Administrator of Gram Panchayat, Bhatwada as a Receiver. A Criminal Revision No. 3 / 94 was filed against this order. Learned Sessions Judge, Baran allowed this revision vide order dated 6.5.1994 and the case was remanded.