S.S.GREWAL, J. - (1.) THIS revision petition is directed against the order of Additional Sessions Judge, Bhiwani, dated 24th July 1993, whereby the order passed by the Sub Divisional Magistrate, Loharu, dated 3.12.1992 concerning the attachment of the land in dispute along with crops standing thereon and appointing Revenue Officer Halqa Loharu as Sapurdar was set aside.
(2.) IN brief facts of the case relevant for the disposal of this case are that the land in dispute measuring 20 Kanals 2 Marlas possession whereof was delivered to the present respondents on 20.11.1992 by the Consolidation authorities. The case of the petitioners is that they were not party to any such consolidation proceedings and that civil court had already granted stay order that they be not dispossessed from the land in dispute otherwise than by due process of law. The Sub Divisional Magistrate, Loharu in his order dated 3.12.1992 mentioned the existence of dispute between the parties regarding the said land and that the said dispute is likely to cause breach of peace between the parties. Thereafter the Sub Divisional Magistrate concluded that neither of the parties are proved to be in cultivating possession of the land in dispute and ordered attachment of the land in dispute by appointing a sapurdar. The learned Additional Sessions Judge set aside the order of the Sub Divisional Magistrate, firstly, on the ground that the Sub Divisional Magistrate had not passed any specific order regarding initiation of proceedings as envisaged under Section 145(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) and in the absence of any specific order under Section 145(1) of the Code the order for appointment of Sapurdar cannot be legally sustained, secondly, that the order passed by the Sub Divisional Magistrate does not indicate any emergency for passing such an order as there was no likelihood of disturbance of peace and tranquillity and, thirdly that the Magistrate had not afforded an opportunity to the parties to plead their case, file written statement or adduce evidence.
(3.) THE learned counsel for the parties were heard.;