NAZIR AHMAD RATHER Vs. GH MOHD DAR
LAWS(J&K)-2006-10-21
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 10,2006

Nazir Ahmad Rather Appellant
VERSUS
Gh Mohd Dar Respondents

JUDGEMENT

- (1.) THIS revision petition is directed against the order dated 30th November, 2005, hereinafter referred to as impugned order, passed by learned Sessions Judge, Anantnag, in revision file No. 18 titled as Nazir Ahmad Rather v. Gh. Mohammad Dar and others, whereby and where -under order passed by Executive Magistrate, 1st Class Doom, came to be upheld.
(2.) HEARD . Perused. Considered. It is profitable to give a flask back of the case, the womb of which has given birth to the present revision petition.
(3.) IT appear that on 20th May, 1996 an application under Section 45(1) of Criminal Procedure Code, hereinafter for short Code, came to be filed before the Executive Magistrate First Class Doru, titled Nazir Ahmad Rather v. Gull Mohammad Dar & Ors and the property mentioned in the application came to be attached. Feeling aggrieved of the said order, Ghulam Mohammad Dar, respondent No.l, filed a revision petition before the Additional District Magistrate (Assistant Commissioner), Anantnag and interim order dated 24th June, 1996 came to be passed whereby and whereunder the operation of order dated 20.5.1996 passed by Tehsildar Ex. Magistrate Dooru, was stayed. The order dated 24th June, 1996 came to be assailed by the medium of revision petition No. 13/1996 by Nazir Ahmad Rather, petitioner herein, before this court, which came to be dismissed vide order dated 29th December, 1997. It is profitable to reproduce the order dated 29lh December, 1997, herein: "Mr. Malik Ghulam Hassan, for the petitioner. Upon hearing Mr. Malik Ghulam Hassan advocate, and on examination of the record, it transpires that the interim order dated 24 -6 -1996 of which the quashment is prayed for in this petition having merged into the final order dated 17 -3 -1996 against which revision 9/97 has been filed and is pending, the impugned interim order of 24 -6 -96 no more survives for adjudication and therefore, the legal requirement of examining the order dated 24 -6 -96 in the context of provision of 561 -A Cr. P.C is no more amenable for I adjudication in this petition. This position is conceded by the counsel for the petitioner. Hence petition No. 13/96 is accordingly disposed of as dismissed." It appears that during the pendency of revision petition No.13/96, Additional District Magistrate finally disposed of the revision petition titled Gh. Mohammad Dar v. Nazir Ahmad Rather vide order dated 17th March, 1997. It is profitable to reproduce operative of the said order herein: "I have perused the records and gone through the file. Affidavit of the applicant and am satisfied that there is no apprehension of breach of peace on the spot and the land in question has been attached from the possession of the applicant. It is therefore, ordered that the land in question be released in favour of the person from whose the land has been attached.";


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