M.C. Jain, J. - (1.)Heard learned counsel for the petitioner and perused the impugned judgment.
(2.)On the police report, proceedings under Sec. 145, Crimial P.C., were initiated I and the land in question was attached after drawing up of the preliminary order by the learned Sub-Divisional Magistrate, Nagaur, by his order dated 30.6.1980. The non-petitioners No. 2 to 4 in the present case, went in revision against that order J and the learned Additional Sessions Judge, Nagaur by his order dated 17.2.1984 set aside the order of attachment and directed learned Magistrate to proceed in the case in accordance with law.
(3.)It may be stated that one of the parties to the dispute has not claimed a right of way over it. The other party, no doubt, claims right to possess. The learned Additional Sessions Judge, however, observed that the land, is an open land, so it is said to be the land vested in Municipality. Civil cases are also going on between the parties.The learned Additional Sessions Judge found that there was no emergency calling for attachment of the land and so the order of attachment was set aside.