S.P.MITRA,J. - (1.) This is an application under Ss. 439 and 561A of the Code of Criminal Procedure as also under Article 227 of the Constitution of India. One Sunil Kumar Purkait made an application as a constituted Attorney of Pioneer Salt Manufacturing Co. Ltd. under Sec. 144 of the Code of Criminal Procedure. The complaint was that the company through the Petitioner Sunil was in possession of 107 -50 acres of land in mourn Kantamari, P.S. Sultali, in the district of 24 -Parganas. It was stated that Anil Gayen, Gorachand Sardar and Upen Sardar, being opposite parties Nos. 2, 3 and 4 were bargadars in respect of certain portions of the land. And these bargadars along with the other opposite parties were causing disturbances and interfering with the aforesaid possession of the Petitioner Sunil. The Magistrate called for a Police report, drew up a proceeding under Sec. 144 and ultimately converted it into a proceeding under Sec. 145 of the Code. He passed an order of attachment of the subject -matter of the dispute pending decision under the Sec. and also appointed Receiver.
(2.) As the Magistrate was unable to decide as to which of the parties was in possession at the material date, he drew up a statement of the case and forwarded the record of the proceeding to the Third Court of the Munsif at Baruipur to decide the question whether any and which of the parties was in possession of the subject -matter of the dispute at the date of the order as required by Sub -section (4) of Sec. 145 of the Code. The said Munsif decided the question of possession so referred to him and passed the following order, being his order No. 37 dated April 29, 1972: ...after careful consideration ,of all the facts and circumstances and affidavits on record, I am of opinion that the O.P. Nos. 2, 3 and 4 (that is, Anil Gayen, Gorachand Sardar and Upen Sardar respectively) are in possession of the 1.83 decimals, 1.66 acre and 1.24 acre of land of plot No. 1276 of khatian No. 242 of mouja Kantamari and the first party is in possession of the rest of the land, j.e, 103.7.7 acres of khatian No. 242 of mouja Kantamari. Second party members excepting 2, 3 and 4 are not in possession of the disputed property. Let a copy of the order along with -the record of the Magistrate's Court be sent to the said Magistrate for his information and taking action. The judgment of Misc. Case No. 94 of 1969 will govern the Misc. Case No. 93 of 1969. The Misc. Case is thus disposed of. Parties will bear their own costs of this Court.
(3.) On receipt of the record, Sri J. M. Sen Gupta, Magistrate, First Class, Alipore Sadar, proceeded to dispose of the proceeding under Sec. 145 of the Code in conformity with the decision of the civil Court. He passed the following order on May 12, 1972: Seen the order of the civil Court deciding possession of the disputed land vide its order dated 29.4.72. The parties, as decided by the civil Court on reference by this Court under Sec. 146 Code of Criminal Procedure are, accordingly, declared to be entitled to possession until evicted there from in due course of law. All disturbance of such possession until eviction is forbidden. Ask the Receiver of the attached property to submit proper accounts and to deliver the sale proceeds. The produce and actual stock of produce lying with him are to be delivered to several parties according to their respective shares as decided by the above civil Court vide its order dated 29.4.72.;