MEHATABI Vs. STATE

JUDGEMENT

(1.) A proceedings under section 145 of the Code of Criminal Procedure was initiated by the respondent No. 2 (Mandir Murti Shri Sitaramji Maharaj, Panhori) against the petitioners before the Sub Divisional Magistrate, Deeg, Bharatpur with the averments that the land of Khasra Nos. 938, 939, 951 and 962 situated at Village Panohri, Tehsil Deeg, Bharatpur belongs to the Temple of Shri Sitaramji Maharaj, which is in their possession and is being ploughed by the said Trust, which has been created to look after the welfare of the Temple. It was mentioned that the persons belonging to the other party have taken possession illegally and the crop ploughed by them is likely to be destroyed by the petitioners.

(2.) On this complaint, a notice was served upon the petitioners. In reply, it was stated that the land of said khasra numbers was purchased by them, and the order dated 11.7.1985 of the Tehsildar and the judgment dated 5.7.1985 of the Revenue Board, Ajmer favour them.

(3.) The Sub Divisional Magistrate, after going through the entire record submitted before it, came to a conclusion that there was a dispute regarding possession of the said land and as such vide order dated 8.9.1997 exercising the powers vested in him under Section 146 (1) Cr.P.C. appointed the Tehsildar as a Receiver and directed to attach the property.