PEMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts giving rise to this petition under Section 482 of the Code of Criminal Procedure (the Code) against the order dated 15-6-1993 passed by the learned Executive Magistrate, Dudu District - Jaipur in Criminal Case No. 6/91, are as under :-

(2.) A report dated 19-12-1991 was received by the learned Executive Magistrate, Dudu from the police that there was likelihood of breach of peace as there was dispute regarding the possession of the land in dispute measuring 302 bighas and 8 biswas situated in village Kanwa Kalan Tehsil -Dudu District - Jaipur. On receipt of this report, an order under Sub-Section (1) of Section 145 of the Code was passed by the learned Executive Magistrate on 7-1-1992 and a preliminary order for attachment of the land in dispute was also passed and the Tehsildar was appointed as the receiver. After the parties submitted their written statements in regard to the possession of the land in dispute, the learned Executive Magistrate, vide the impugned order dated 15-6-1993 has observed that he is unable to decide as to which party was in possession of the land in dispute at the relevant time and directed that the receiver should continue in possession of the land in dispute till the matter is decided by the appropriate Court. Feeling aggrieved, the petitioners have approached this Court by filing this petition.

(3.) Notice of the petition was issued to the respondents.