Binod Kumar Roy and D. R. Chaudhary, JJ. - (1.) The prayer of the petitioners based on registered sale deed, mutation order and C.H.-23 issued under the Consolidation Act is to quash the order dated 20.11.1998 passed by the Collector/District Magistrate, Muzaffarnagar (respondent No. 1) in Case No. 18 of 1998 as contained in Annexure-6 registered on a miscellaneous application filed by respondent No. 3 Kali Ram as contained in Annexure-5.
(2.) Vide order dated 22.12.1998, the following interim order was passed in this writ petition : "Until further orders, the operation of the order dated 20.11.1998 shall remain stayed. However, the respondent Nos. 3 and 4 will have a right to lodge an F.I.R. against the petitioner, if they so desire."
(3.) A perusal of the impugned order shows, inter alia, as follows : (i) the question of correctness of the sale deed dated 3.6.1998 executed in favour of the petitioners or the relevant Will executed by Smt. Brahmo Devi widow of Tilak Ram in favour of her four daughters (the petitioners claim to be purchaser from one of them) cannot be adjudicated in this proceeding ; (ii) the issue as to whether there was any crop standing on the land in question? and if so, to whom it belonged? a decision in relation thereto must be taken ; (iii) the sugarcane crop was cut a month earlier by the purchasers (who are the petitioners before us) even though they had no right over the same : (iv) the value of the sugarcane crops cut away as per the Government fixed rate comes to the tune of Rs. 3,600 ; (v) it is ordered that the purchasers shall pay that amount to respondent No. 3 : (vi) the Station Officer is directed to institute and register a case under Section 379 of the Indian Penal Code against the purchasers.;