ILYAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The facts, giving rise to this petition, under Sec. 482 of the Code of Criminal Procedure, 1973 (the Code), are as under: The land, situated on the river-bed of River Banas, measuring 14 big has in Khasra No. 163 of Village - Lehan, in District - Tonk, (the land in dispute), was allotted in favour of the petitioners by the authorities concerned and on account thereof, the residents of Village Lehan, felt agitated. Tile petitioners cultivated the land and sowed wheat crop in the land in dispute and thereupon, there was resentment in the residents of the said village. On 7th February, 1994, the petitioners came with their supporters, to the land in dispute and since there was an apprehension of breach of peace, the police authorities of Police Station - Maindwas, which was having jurisdiction in respect of the land in dispute, initiated proceedings under Sec. 107/116 of the Code, against the petitioners. However, prior thereto, on 30th September, 1993, proceedings under the aforesaid sections of the Code, were initiated by the same police station, against the petitioners. Since there was dispute in regard to the right of allotment of the land in dispute, the report was submitted to the learned Sub-Divisional Magistrate, Tonk (the 5DM), who initiated proceedings under Sec. 145 of the Code and thereafter, attached the land in dispute and appointed the SHO, Police Station - Maindwas, as the Receiver thereof. Feeling aggrieved, the petitioners challenged the order by filing a revision petition, which was registered as Criminal Revision Petition No. 2/1994, in the court of learned Additional Sessions Judge, Tonk, who, vide the order dated 28th April, 1994, observed that before passing the order, proper procedure had not been followed by the learned SDM and consequently, he accepted the revision petition and remanded the case to the learned SDM, for being decided in accordance with law. On the second day itself, i.e., on 29th April. 1994, the learned SDM passed the impugned order, re-attaching the land in dispute and re-appointing the SHO of Police Station - Maindwas, as the Receiver thereof. Feeling aggrieved, the petitioners have approached this Court by filing this petition under Sec. 482 of the Code.

(2.) I have heard the learned counsel for the parties and have also perused the record of the case.

(3.) It is not disputed before me that the land in dispute had been allotted by the competent authority, to the petitioners, who, on the basis of the allotment-letter, had ploughed the field and had sowed wheat crop therein.