KARNAIL SINGH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS petition under section 482 of the Criminal Procedure Code (hereinafter referred to as the Code relates to quashment of complaint dated 23.5.1987 under section 145 of the Code and all subsequent proceedings including the order dated 8.6.1988 passed under section 145(1) of the Code, copy whereof is Annexure-P-6, order dated 17.8.1988 Annexure P-7, whereby the property in dispute was ordered to be attached under section 146(1) of the Code and Circle Revenue Officer (Naib Tehsildar) Nathana, district Bathinda was appointed as Receiver, as well as subsequent order dated 28th of November, 1988, refusing to terminate the proceedings under section 145 of the Code.

(2.) IN brief, facts relevant for the disposal of the petition, are that lard measuring 228 Kanals 02 Marlas, situated in village Gobindpura, tehsil and district Bathinda and detailed in para No. 1 of the petition is owned by Jumla Malkan and was reserved as such in the consolidation proceedings. Out of the said land measuring 36 Kanals 4 Marlas, as detailed in para No. 2 of the petition, is in possession of Karnail Singh, petitioner, since 1985-86 as tenant at will on payment of yearly rent of Rs. 1,950/- for the last several years. His possession as tenant at will is recorded in the jamabandi for the year 1995-86, as well as in subsequent Khasra girdawari entries up to the year 1987-89. It is farther averred that the civil suit filed by respondent Nos. 6 to 9 against Karam Singh, Darbara Singh and Gram Panchayat for restraining them from interfering in their possession of land measuring 122 Kanals 9 Marlas, as lessees of Local Committee was dismissed as withdrawn on 2nd of Aug. 1988. After withdrawal of the said suit, respondents No 3 to 5 and 7 to 9 moved application under Section 145 of the Code in respect of the land in possession of the petitioner as wiIl as other land belonging to Jumla Malkan in the village. In those proceedings, the Sub Divisional Magistrate Bathinda, passed impugned orders under section 145(1) of the Code (Annexure P-6) and the order passed under Section 146 of the Code concerning attachment of the property in dispute and appointed Circle Revenue Officer-cum-Naib Tehsildar, Nathana the receive vide order dated (copy whereof is Annexure P7). Thereafter, the petitioner alongwith others claiming themselves to be the lessees under the Gram Panchayat filed civil suit for restraining the present respondents from taking possession of the land in dispute, and the Sub-Judge 1st Class, Bathinda, vide, his order dated 27-8-1988 Annexure P-8 directed that the possession be not taken illegally or forcibly. otherwise than in due course of law. The petitioner was permitted to be impleaded as party in proceedings under section 145 of the Code but the Sub Divisional Magistrate refused to terminate the proceedings under section 145 of the Code vide impugned order dated 28-11-1988 Annexure P-9.

(3.) COUNSEL for the parties were heard. On behalf of the petitioner it was submitted that the petitioner is in possession of the land measuring 36 Kanals 4 Marlas for the last several years which fact finds support from the copy of the jamabandi for the year 1985-86 and subsequent Khasra girdawari entries upto 1987-88 and no proceedings under section 145 of the Code could be initiated, by the Sub-Divisional Magistrate against the petitioner at the instance of the respondents. Consequently it was submitted that since the Civil Court has already granted stay in favour of the petitioner proceedings under section 145 of the Code, are without jurisdiction and cannot, be permitted to continue.