PURAN RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) The present revision petition has been filed by the accused petitioner against the order dated 02.04.09 passed by the learned Additional Sessions Judge, Parbatsar in Cri. Revision Petition No.32/2009, whereby learned Judge has set aside the order dated 13.03.09 passed by the learned SDM, Makrana in Cri. Misc. Case No.01/2009 whereby he had attached the alleged land under section 146(1) Cr. P.C.

(2.) The brief facts of the case for the just disposal of this revision petition are that a petition was filed on 09.03.09 by the petitioner before the learned SDM, Makrana, under section 145 Cr.P.C. stating therein that there is a likelihood of breach of peace with regard to disputed land situated at khasra No.714 measuring 4 bighas and 5 biswas, which was forwarded for enquiry to the SHO, Police Station Makrana. After usual completion of the enquiry, police filed a report on 12.03.09 under section 145 and 146(1) Cr.P.C. making the petitioner as party No.1 and the respondents as party No.2 , stating therein that there is a land situated in Khasra No.714 measuring 4 bighas and 5 biswas, out of which half of the portion was in the name and possession of late Devbux and after his death, the said land is in possession of his heirs. The alleged land is surrounded by Mine No.41/1, 41/1/A, 41/2 and 41/3 in the eastern side , land of Gems Marbles in western side and land of Shafi Mohammed in northern side. The petitioner , party No.1 claimed that he came in possession of the land, on the basis of a sale deed executed in his favour on 22.02.09 by heirs of late Devbux , namely, Jeevan Ram, Banshi Lal, Badri Lal and Jadav Devi. It was further stated that the land is surrounded by mines and therefore, the respondents , party No.2 want to grab the said land and alleged that they are trying to make forcible possession over the same. It was also stated that with regard to this apprehension, earlier too on 24.02.09, party No.1 had made a complaint . It was further alleged that the respondents, party No.2, are obstructing the way and are preventing the users of the said way in approaching and peaceful using of the mines. On the basis of report, a prayer was made to initiate proceeding under section 145 Cr.P.C and considering the eminent breach of peace, a further prayer was made to attach the said property in dispute and receiver may be appointed.

(3.) The learned SDM court , registered the complaint on 12.03.09 and proceeded further. The respondents Smt. Jaggu Devi and Ram Dev entered a caveat, therefore, the learned SDM court , after hearing the parties vide order dated 13.03.09 passed an order of attachment of the said land in dispute, shown in yellow colour in site plan and appointed receiver, SHO, Makrana . He further directed that the public way marked in site plan 'x' be maintained opened for the use of public.