SAMPOORAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition of revision has come up before me in the following circumstances.

(2.) HAJI Ibrahim, respondent No.2, herein, made an application under section 145 Cr. P.C. for a declaration that he has been and is in possession of plot No. C -80 -A situate at Subhash Marg, C -scheme Jaipur and that there is a dispute concerning this property between him and the respondents, Dr. S.K. Taneja, Devendra Kaushik, Ramjilal, Captain Sampuran Singh and Smt. Anari Devi that the dispute is likely to cause a breach of the peace and that therefore proceedings under section 145 and 146 Cr. P.C. may be taken concerning the said plot. Simultaneously, he prayed that the plot in dispute be attached in accordance with section 146 Cr. P.C.

(3.) ON November 29, 1982, the learned Magistrate passed a preliminary order in accordance with the provisions of section 145(1) Cr. P.C. calling upon the parties to attend his court on December 20, 1982, and put in written statements of their respective claims. The learned Magistrate further passed an order under section 146 Cr. P.C. attaching the plot in dispute so as to prevent the threatened breach of peace. He appointed the Tchsildar Jaipur as Receiver to take possession of this plot till further orders. On December 3, 1982, the learned Magistrate passed further order directing the Receiver to put his locks on some rooms erected on this plot.