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1981 DIGILAW 230 (RAJ)

Anda v. Bhura

1981-05-11

DWARKA PRASAD

body1981
JUDGMENT 1. - This is an application arising out of proceedings under Section 145 Cr.P.C Learned Sub-Divisional Magistrate, Jetaran, District Pali by his order dated July 16, 1976 directed that the land in dispute, bearing Khasra No 1 in village Belokalan measuring 62 bighas and 7 biswas be attached under Section 146(1) Cr.P.C. and the Station House Officer, Jetarn was appointed as the interim receiver of the said land. 2. The aforesaid order passed by the learned Sub-Divisional Magistrate, Jetaran was stayed by this Court on September 7, 1976. The Sub-Divisional Magistrate, Pali requested for clarification, as the case had been transferred from the Court of Sub-Divisional Magistrate, Jetaran to the Court of Sub-Divisional Magistrate, Pali. This Court, by its order dated October 21, 1976 issued the clarification as under:- " In this case an interim order was passed by this Court on 7.9.76 staying the operation of the order passed by the Sub Divisional Magistrate, Jetaran, on 16.7.76 A clarification has been sought in this respect by the Sub-Divisional Magistrate, Pali, on the ground that the land in dispute, including the crop standing thereon has been attached and a receiver has been appointed in respect thereof It is clarified that the effect of the order of this Court passed on 7.9.76 is that the party in possession prior to 16.7.76 should be allowed to remain in possession and that the order of attachment and appointment of receiver pissed by the Sub Divisional Magistrate, Jetaian, on 16.7.76 should be considered as if it were never passed, so lar as these proceedings are concerned." 3. The learned counsel for the parties have brought to my notice that since this Court issued the clarification by its order dated October 21, 1976, proceedings in respect of the land in dispute are pending before a competent Revenue Court. As the matter relating to the disputed land is being contested between the parties in a competent Revenue Court, the question of attachment of the said land in accordance with the provisions of Section 146 (1) Cr.P.C. does not arise. In the aforesaid circumstances, the application is allowed. The order of the learned Sub-Divisional Magistrate, Jetaran dated July 16, 1976 directing attachment of the land in dispute is set aside.Application allowed. *******