A. Koshal, J. - (1.) THE facts giving rise to this petition under Section 561 -A of the Code of Criminal Procedure, which seeks a revision of the orders of the two Courts below, are admitted on all hands and may be stated thus:
(2.) IN the year 1957, the Gram Panchayat of village Ishak leased out various parcels of land owned by it to 40 persons, including the five Petitioners, and since then the lessees have been in possession of their respective parcels. On the 27th of March, 1973, the Gram Panchayat leased out the said parcels of land to Respondents Nos. 2 to 54, who then made up their mind to oust the lessees in possession by force. The Petitioners and others, who had obtained land on lease in the year 1957, filed separate suits for permanent injunction restraining the Gram Panchayat from interfering with their possession except in due course of law. All those suits were decreed on 23rd of April, 1973, because the plea taken by the Gram Panchayat therein was that it had no intention at all of using force to oust the lessees, in possession, including the Petitioners. On 6th of August, 1973, proceedings under Section 145 of the Code of Criminal Procedure were started by the police against the forty persons mentioned above in the Court of the Sub -Divisional Magistrate. Kaithal, who, on the same date, passed an order, the relevant part of which may be reproduced below for facility of reference: From a perusal of the police report, I am satisfied that there is a dispute between the above two parties with regard to possession of Panchayat land comprised in Rectangle No. 60 *** measuring 392 acres situate in village Ishak, Tehsil Guhla and there is a likelihood of a breach of peace between the above two parties on that account. It is, therefore, essential that in the interest of public peace and tranquility, the said land be attached under Section 145, Code of Criminal Procedure and made over to the Tehsildar, Guhla, as Spurdar of the same till the final decision of this police complaint *** A copy of this order be also pasted in the village Chaupal/Panchayat ghar and also in the thoroughfare in the village.
(3.) THIS order was challenged before the Additional Sessions Judge, Karnal, by the Petitioners on the revisional side but was maintained, and that is why the present petition has been filed in this Court.;