MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter called the Code) relates to quashment of order passed by Sub Divisional Magistrate, Patiala dated 10th of April, 1992 whereby order under Section 145 (1) of the Code was passed directing the parties to file affidavits/documents, in support of their claim of possession regarding the land in dispute measuring 85 kanals 15 Marias as well as the order dated 16th of April, 1992 passed by the Sub Divisional Magistrate, Patiala, whereby order under Section 146 (1) of the Code was passed the land in dispute was ordered to be attached and Tehsildar, Patiala was appointed as receiver in respect thereof.

(2.) BRIEF facts relevant for the disposal of this petition as per calendar submitted by the local police are that land measuring 85 Kanals 15 Marias was given on Chakota by the Gram Panchayat to Puran Singh etc. for the year 1986-87 and 1987-88. Mukhtiar Singh and Shyam Singh unautahorisedly took possession of the land in dispute. Due to this there was dispute concerning possession of said land which created apprehension of breach of peace between the parties. Because of dispute regarding possession of the said land notice under Section 145 (1) of the Code was issued to the parties on 10-4-1992. On the next date of hearing i. e. on 16-4-1992 the Sub Divisional Magistrate, Patiala ordered attachment of the land in dispute and appointed Tehsildar, Patiala, as receiver of the land in dispute.

(3.) THE learned counsel for the parties were heard.