DEONANDAN SINGH Vs. THAKUR SINGH

JUDGEMENT

(1.) This is an application by the second party to a proceeding under Section 115, Criminal P.C. The subject of the dispute is about 50 to 60 bighas of bakasht lands, and the learned Sub-divisional Magistrate of Jehanabad has made an order of attachment in the following terms: As there is a serious apprehension of breach of peace as said above, the lauds in dispute are attached under Section 145(4), Criminal P.C. and the local Police is directed to get the crops harvested through the local Sirpanch and the Bojhas kept separately. The Bojhas of paddy crops already out by the men of the landlords are also attached under Section 145(4), Criminal P.C. in the Khalihan.

(2.) The present application is directed against the latter part of the order relating to the Bojhas of paddy crops already cut.

(3.) On 20-11-1947 a proceeding under Section 144, Criminal P.C. had been drawn up by the learned Sub-divisional Magistrate, and on 5-12-1947 he cancelled notice against these petitioners and made the notice absolute against the opposite parties. Thereafter, the petitioners cut the paddy crops of the disputed plots and stored them in plots Nos. 290 and 265 where the paddy bundles of certain undisputed lands had been stored from before. It is said that a few days after, under the executive orders of the District Magistrate, the Sub-divisional Magistrate drew up a proceeding under Section 145, Criminal P.C. out of which this application arises, with respect to the said bakasht lands. The learned Magistrate as already pointed out, attached the lands as well as the paddy bundles lying in the Khalihan in plots No. 290 and 265. Some thrashed paddy kept in that Khalihan was also attached. The petitioners objected to the attachment, but their objection was overruled. They then moved the District Magistrate against the order of the Sub-divisional Magistrate, but the learned Additional District Magistrate by his order dated 3 February 1948 rejected this application. The second party have, therefore, come up to this Court in criminal revision.