NIRPENDRA CHANDRA SEN Vs. SASADHAR SAHA

JUDGEMENT

(1.) This Rule is directed against an order of a Deputy Magistrate of Madaripur under Section 145, Criminal P.C., declaring the opposite party to be in possession of certain disputed land.

(2.) It is contended on behalf of the petitioner that the order complained of was without jurisdiction, inasmuch as certain additional lands had been included in the proceedings on which that order was based, not in the exercise of the Deputy Magistrate's own discretion, but in mechanical compliance with a direction given by the District Magistrate.

(3.) It is further contended that fresh proceedings should have been drawn up when the additional lands were included, and that the proceedings as finally framed were defective.