GANPAT AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order of SDM, Kotputli dated 23.11.92, whereby the agricultural land bearing khasra Nos. 391, 392, 471., 459 and 460 has been attached and a receiver has been appointed.

(2.) Learned counsel for the petitioners submitted that there is a civil suit filed by the petitioners in the court of SDO even prior to the proceedings under Sec. 145 Code Criminal Procedure regarding the land in question wherein the stay has been granted by the trial court vide order dated 10.6.92. Therefore, it is submitted that in view Of the latest decision of their Lordships, no parallel proceedings under Sec. 145 Code Criminal Procedure can be allowed while a civil suit is pending in the civil court or revenue court.

(3.) Learned counsel for the respondent submitted that there is every chance, of bloodshed between the parties in case the attachment is revoked. He also placed reliance on some decisions of this Court wherein the receiver has been allowed to continue in spite of the proceedings pending in the civil court.