NANDIRAM BORO AND ANR. Vs. CHANDI RAM BORO AND ORS.
HIGH COURT OF GAUHATI
Nandiram Boro And Anr.
Chandi Ram Boro And Ors.
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Baharul Islam, J. -
(1.) THIS reference has been made by the Sessions Judge, Kamrup, Gauhati, and arises out of a proceeding under Section 145, Criminal Procedure Code (hereinafter referred to as 'the Code').
(2.) IN pursuance of an order passed by the Magistrate under Sub -section (1) of Section 145 of the Code both the parties appeared and filed their written statements and affidavits. Each party claimed possession of the disputed land, The learned Magistrate made a reference to the Civil Court under Section 146 of the Code. The Civil Court returned the reference on the ground Unit the Magistrate had already given a finding on possession. Learned Magistrate then passed an order declaring possession of disputed Dag No. 2 in favour of the first party and Dag No. 47 in favour of the second party. The reference has been made on the ground that the learned Magistrate did not consider the written statements and affidavits filed by the parties and based the order on his knowledge derived from local inspection, Sub -section (4) of Section 145 of the Code is mandatory. It provides that before an order under this sub -section is passed the Magistrate has to peruse the written statements, affidavits and other documents if any, filed by the parties and pass an order declaring possession in favour of the party Sound to be in possession of the disputed, land. In the instant case the order of the learned Magistrate is in violation of the provisions of Sub -section (4) of Section 145 and is liable to be quashed.
(3.) IN the result the reference is accepted, the order of the Magistrate is quashed and the learned Magistrate is directed to dispose of the matter in accordance with law. The case shall be disposed of expeditiously.;
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