JUDGEMENT
Ajit Kumar, J. -
(1.) Heard learned counsel for the parties.
(2.) Learned counsel for the applicant has placed before this Court the order dated 31.1.2019 passed in a matter under Article 227 No.35 of 2019, filed by one Ambika against the same opposite parties. It is submitted that the present applicants are also arrayed as opposite parties in the same proceedings under Section 145 and 146 Cr.P.C.
(3.) On 31.1.2019, this Court had passed the following order:-
"This application is directed against the orders dated 2.6.2018 and 26.6.2018 passed by the Sub Divisional Magistrate-Barhaj, District Deoria under Section 145 and 146 Cr.P.C..
From the perusal of the order of attachment, it clearly transpires that the area shown earlier as plot no. 37.20 decimal was wrong and so also the correction of the area as 372 hectare is equally wrong under the orders dated 2.6.2018 and 26.6.2018 respectively.
From the perusal of the police report that has been submitted before the Magistrate, it is also found that the area was wrongly recorded in the police report. The parties, therefore, agree at this stage that there is serious typographical and technical error in the police report and so also in the order passed by the Magistrate.
Under the circumstances, the orders passed by the Sub Divisional Magistrate- Barhaj, District Deoria dated 2.6.2018 and 26.6.2018 are hereby set aside. Magistrate shall call for fresh report from the police within period of two weeks and shall invite objection of the parties over the same within two weeks thereafter and shall then proceed to pass appropriate order within two weeks further thereafter. It is made clear that the parties shall not be granted unnecessary adjournment and Magistrate shall be at liberty to pass fresh order in accordance with law.
However, status quo with regard to possession and nature of land shall be maintained in the meanwhile.
The application is accordingly disposed of with the aforesaid observations and directions.";
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