BANSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts giving rise to this petition are that S.H.O. Police Station, Harmada, filed a complaint under section 145 Cr..C. on 7.11.2000, against 23 persons (divided in seven parties) in the Court of learned S.D.M. Amer, District Jaipur, with the averments that all 23 persons are members of one family and they are joint khatedars of disputed land comprising of new Khasra No. 349. On account of short-fall in the water-level in some parts of this land, disputes arose between them and they want to take possession of the land which is in possession of each other and three criminal cases in the year 2000 were registered with regard to disputes over this land and there is likelihood of breach of peace. Therefore, total disputed land 28.96 hectares of Khasra No. 349 should be taken into possession by appointing the Receiver.

(2.) Learned S.D.M., on the same day passed an order under Section 145 Cr.P.C. and by making this observation that there is likelihood of the breach of the peace, the land,in question was attached and the S.H.O. Harmada was appointed Receiver over the disputed agricultural land.

(3.) Two Criminal Revisions No. 37/2000 and 49/2001 were preferred against this order. Both the revisions were decided vide common order dated 15.4.2002. Learned Additional Sessions Judge No. 2, Jaipur District, Jaipur, allowed both the revisions and set aside the impugned order, hence this revision by the petitioners of Party Nos. 4, 3 and 2.