STATE OF RAJASTHAN Vs. BADRI PRASAD

JUDGEMENT

(1.) This writ petition, filed on 07.06.2005, is directed against the order dated 18.09.2003 passed by the Sessions Judge, Hanumangarh in Criminal Revision Petition No.153/2003 whereby the learned Sessions Judge set aside an order passed by the Sub-Divisional Magistrate, Hanumangarh on 21.07.2003 for attachment of the land in dispute and appointment of the Station House Officer, Police Station, Bhadra as receiver to take over its possession and management.

(2.) The learned Sessions Judge proceeded to set aside the order dated 21.07.2003 passed by the Sub-Divisional Magistrate, Hanumangarh purported to have been passed in exercise of the powers under Section 146 of the Code of Criminal Procedure, 1973 ('the Code') fundamentally on the ground that the property in dispute remains subject matter of litigation in a suit for perpetual injunction filed by the revisionist; and in the suit a decree was passed on 27.01.2003 and appeal against the same was pending before the Revenue Appellate Authority, Hanumangarh. The learned Sessions Judge with reference to several decisions of this Court held that the dispute being pending before the competent court, if at all there was any likelihood of breach of peace, appropriate proceedings could have been taken under Sections 107, 151 of the Code. From the averments taken in this writ petition, it appears that the aforesaid appeal before the Revenue Appellate Authority had also been dismissed and at the time of filing of the writ petition, a second appeal was pending before the Board of Revenue.

(3.) Having heard the learned Additional Government Advocate and having examined the material placed on record, this Court is clearly of opinion that the impugned order passed by the Sessions Judge, Hanumangarh on 18.09.2003 remains unexceptionable and in any case, calls for no interference in this writ petition filed as late as on 07.06.2005.