GANTA NOOKARAJU Vs. KUNTSAM SATYANARAYANA
HIGH COURT OF ANDHRA PRADESH
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(1.) The point that arises for determination in this revision case is
whether in proceedings under Sec. 145 Cr. P, C. the Magistrate concerned
can appoint a Receiver to take possession of and manage the
properties pending final orders.
(2.) The dispute was with regard to Ac. 4-32 cents of land in
Gopalapatnam village of Narsipatnam taluk between the landlord
and the tenants with regard to their respective rights under the
Inams Abolition Act. There was civil litigation concerning the same
and there were proceedings with regard to the delivery of possession.
The A party claiming to be in possession in bis own rights, filed a
petition before the Sub-Divisional Magistrate for initiating proceed'
ings under Section 145 Cr. P. C. Thereupon M. C. No. 5 1971 was
registered and a notice was issued to the parties on 5-4-1971 to
appear and file their statements of claim and to adduce evidence by
affidavits or otherwise. On 6-5-1971 the Sub-Divisional Magistrate
on the report of the sub-Inspector of Police and the record of enquiry
made by him found that a situation of emergency had been created
calling for immediate action to avoid an imminent clash between the
parties resulting in the breach of public peace and directed the attachment
of the property under Section 145(4) Cr. P. C. and appointed
the Tahsildar of Narsipatnam as Receiver to take possession of the
property. The 'B' party|being aggrieved with the order has filed
this petition to revise that order.
(3.) It is now contended that the appointment of a receiver under
Section 145(4) Cr. P, C. is illegal, that a Receiver could be appointed
only under Section 146(2) Cr, P. C. and hence the order should be set
aside, This contention of the petitioners herein receives some support from
the earlier decisions of the courts.;
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