UMARDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is filed under section 482 Crimial P.C. under the following circumstances.

(2.) There is a dispute between the petitioner and Abdul non-petitioner No. 2 with regard to agricultural land in Khasra No. 146 in village Dhaneri Tehsil Taranagar District Churu. A litigation is pending in revenue court between them. On 5th Nov. 1981 the petitioner submitted a report before the Superintendent of Police, Churu wherein he alleged that he was in possession of the land in dispute and there was likelihood of his possession being interfered with by non-petitioner No. 2. The said report was forwarded by the Superintendent of Police to S.H.O.P.S. Dundwa Khara. After making an inquiry into the said report the police submitted a report before the S.D.M. Churu on 7th Nov., 1981 and after taking into consideration the aforesaid report submitted by the Police the S.D.M., Churu passed an order dated 7th Nov., 1981. In the order aforesaid the S.D.M. has observed that he was satisfied that the two requirement under sub-section (1) of section 145 Crimial P.C. Namely, that there was a dispute with regard to land and that the said dispute was likely to cause breach of peace were fulfilled. In the order aforesaid the SDM further observed that Crop was standing on the land in dispute and both the parties were bent upon harvesting the same and there was immediately likelihood of breach of peace and taking into consideration the aforesaid circumstances it was necessary to immediately attach the property. The SDM directed that the land and the crop standing thereon be attached and that the Tehsildar Churu be appointed as the Receiver to take possession of the crop and to make arrangements for the cultivation of the land. In the aforesaid order the SDM further directed that the said order of attachment would be operative till the rights of the parties were decided by the competent Court. The petitioner filed a revision petition against the aforesaid order passed by the SDM. The said revision petition was partly accepted by the Sessions Judge, Churu by the order dated 4th Feb., 1982. The Sessions Judge while upholding the order of attachment passed by the SDM set aside the direction given by the SDM that the said order of attachment be operative till the rights of the parties were decided by the competent court and the Sessions Judge directed the SDM to proceed with the inquiry under section 145 Cr.P.C, Feeling aggrieved by the aforesaid order the petitioner has filed this petition under section 482 Crimial P.C.

(3.) I have heard Shri S.R. Singhvi learned counsel for the petitioner and Shri Bhagwati Prasad learned counsel for the non-petitioner No. 2.