BHAMA MEHER Vs. KAUSALYA MEHER

JUDGEMENT

(1.) In this revision the petitioner has challenged the order of the learned Additional Sessions Judge, Sambalpur, refusing to drop the proceeding Under Section 145 of the Code of Criminal Procedure ('Code' for short).

(2.) A proceeding Under Section 145 of the Code in respect of the disputed land with an area of 0 95 acres out of plot No. 35 of M. S. holding No 58 of mouja Badturang was initiated at the instance of the first party Nakul Meher who was the predecessor -in -interest of opposite parties 1 to 1(c). According to the case set up by Naku' Meher, the disputed land exclusively belonged to his mother Marehi Meherani who on 6 -1 -1965 executed a deed of gift in his favour and put him in possession thereof After the death of Marehi Meherani, her daughters, except the petitioner, acknowledged the gift in favour of Nakul Meher. In view of his title and continuous possession the disputed land was recorded in the record -of -rights and was mutated in his name. But in the year 1979 in the consolidation proceeding the disputed land was recorded in the name of the petitioner. Nakul Meher challenged the consolidation record and finally the matter is now pending before the Board of Revenue in Consolidation Revision Code No 8 of 1983. It was stated that all through Nakul Meher was in possession of the disputed land to the total exclusion of the petitioner and others.

(3.) THE learned Executive Magistrate, Sambalpur, passed a preliminary order Under Section 145 and directed the parties to file their written statement. Simultaneously, he took recourse to Section 146(1) and attached the subject of the dispute.