NAZIR AHMAD RATHER Vs. GH MOHD DAR
HIGH COURT OF JAMMU AND KASHMIR
Nazir Ahmad Rather
Gh Mohd Dar
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(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
"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
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