- (1.) Vide this petition, prayer has been made to quash the order dated 19.10.2011 passed by Sub Divisional Magistrate, Hisar.
(2.) The brief facts which emerges out from the averments made in this petition are that the petitioner was allegedly in peaceful possession over the land in question along with other co-sharers and since there was an apprehension of breach of peace, she filed an application, on the basis of which, proceedings under Sections 145 CrPC were initiated by the Sub Divisional Magistrate, Hisar. A report was also sought from the SHO concerned. On receipt of the said report, the SDM, Hisar, vide order dated 7.7.2011, initiated proceedings under Sections 145(1) CrPC and came to the conclusion that the dispute is likely to induce breach of peace and thus, called upon the parties to appear before him. On 22.7.2011, proceedings under Section 146 CrPC were initiated and vide Annexure P-3, Tehsildar Adampur was appointed as receiver and was directed to take the possession of the land in dispute. The SDM, Hisar passed an order on 24.8.2011. The relevant part of the said order reads thus:- "I have gone through the report u/s 145 Cr.PC, I am satisfied that it is a case of extreme emergency and may result into physical violence of large scale any moment. I find it imperative to take resort to preventive measure to avert the imminent violence. Therefore, I Amar Deep Jain, HCS, Sub Divisional Magistrate, Hisar in exercise of the powers conferred upon me by virtue of Section 146 Cr.PC attach the land in dispute bearing Khasra No.153//4/3(4-0), 5/2 (4-0), 6/1(7-7) situated in village Chuli Bagdian, Tehsil Adampur, District Hisar and appoint Tehsildar, Adampur as receiver to take possession of the above mentioned land in question. He shall make such arrangements as he considers proper for looking after the land in question and shall exercise all the powers of receiver appointed under Civil Procedure Code, 1908. A copy of this order be sent to the receiver for taking action. A copy be also sent to the SHO, PS Adampur, Hisar with the direction to provide necessary police assistance to the Tehsildar, Adampur (receiver) to take the possession of the land in dispute."
(3.) Respondents filed a revision petition against the aforesaid order in the Court of Sessions Judge, Hisar, on which, notice was issued for 3.11.2011 and operation of the order dated 24.8.2011 was stayed.;