DHAN KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr. P.C. by Mst. Dhan Kaur for quashing the order of the Sub -Divisional Magistrate, Hanumangarh dated March, 31 1987 which was affirmed by the Additional Sessions judge No. 1 Hanumangarh by his order dated August 19, 1987.

(2.) FACTS of the case are not in dispute. Proceedings under Section 145, Cr. P.C. were initiated by the Sub -Divisional Magistrate, Hanumangarh. The dispute related to agricultural land situated in chak 13 GGR, Stone No. 192/285 and Killa E 9 to 13 measuring 5 Bighas and Killa No. 14 measuring 15 Biswas, in all 5 Bighas, 15 situated in village Masani, Tehsil Tibi, District Ganganagar. After making the order under sub Section (1) of section 145 the sub -Divisional Magistrate passed an order under Sub -section (1) of Section 146, Cr. P.C. and attached the said agricultural lands and appointed Tehsildar, Tibi as receiver over the said lands on November 29, 1985. Both Mst. Dhan Kaur and non -petitioner No. 2 Sher Singh respectively filed Criminal Revisions Nos. 16/86 and 18/86 in the Sessions Court. It was not in dispute between the parties before the Additional Sessions Judge No. 1, Hanumangarh that both the sides have already filed revenue suits in the competent revenue court for determination of their respective rights to these agricultural lands. Following the decisions of their Lordships of the Supreme Court in Ram Sumerpuri Mahant v. State of U.P. and Ors. reported in 1985 Cr. L.R. (SC) 9 and that of this Court in Arvind Singh v. State of Rajasthan reported in 1986 RLR 306, the Additional Sessions Judge held that since the parties have already approached the competent court, proceedings under Section 145, Cr. P.C. could not continue. He, therefore, accepted both the revisions and set aside the order of the Sub -Divisional Magistrate, Hanuman Garh dated November 29, 1985 by his order dated December 6, 1986. After the order of the Sub -Divisional Magistrate dated November 29, 1985 was quashed by the Additional Sessions Judge No. 1, Hanumangarh, the Sub -Divisional Magistrate, Hanumangarh by his order dated December 10, 1986 discharged the receiver and directed that the receiver will hand over the possession of the agricultural lands, which had been taken by him under his control after attachment, may be handed over to the party from which possession was taken. It appears that the Inspector, Land Records, Shereka submitted a report to the Tehsildar, Tibi that after the order appointing receiver was passed, possession of the standing crops was taken on July 27, 1985 by him along with the Patwari. It was mentioned that Mst. Dhan Kaur was a widow aged 55 or 60 years.

(3.) ON December 23, 1986 Sher Singh non -petitioner No. 2 made an application before the Sub -Divisional Magistrate that the receiver had taken possession of these fields from him and he was not returning its possession to him and was delivering possession to Mst. Dhan Kaur. Sher Singh asserted that on basis of the revenue records he was in possession over these fields at the time when the receiver took possession. The Sub -Divisional Magistrate gave notice of the application of Sher Singh to Mst. Dhankaur. After giving opportunity to the parties to produce evidence and after hearing them, the Sub -Divisional Magistrate came to the conclusion that at the time the receiver had taken possession of these fields on July 27, 1985, the lands in question were in possession of Sher Singh and not of Mst. Dhankaur. He, therefore, passed the impugned order on March 31, 1987 directing the receiver to hand over the possession of these fields to non -petitioner No. 2. Against this order, Mst. Dhankaur filed criminal revision No. 43/87 which was dismissed by the Additional Sessions Judge No. 1, Hanumangarh on August 19, 1987. Petitioner Mst. Dhan Kaur has prayed for quashing of both the orders of the Sub -Divisional Magistrate as well as that of the Additional Sessions Judge No. 1, Hanumangarh.