K S.BHALLA, J. - (1.) CHALLENGE in this petition is to the orders dated 26.10.1938 (annexure P3) and 21.2.1989 (annexure P-5) of Sub Divisional Magistrate Karnal, by which proceedings under section 145 of the Code of Criminal Procedure, 1973, (Code for short) were initiated and attachment under section 146 of the Code was ordered respectively.
(2.) FACTS giving rise to the dispute, briefly stated are that land belonging to respondent No. 3 Punjab Wakf Board, Ambala Cantt. situated in village Sandhir, Sub Tehsil Nilokheri, district Karnal was originally given on lease to Jarnail Singh respondent No 2, in the year 1980-81 and had remained on lease with him till Rabi 1986 whereafter lease in his favour was not extended and instead was cancelled for non-payment of rent. That land was subsequently given on lease to petitioner Kartar Singh vide lease deed dated 8.10.1987. According to the petitioner respondent No. 2 had deposited Rs. 33,900/- on 18.10.1987 and possession was delivered to him by respondent No 3 in the month of October, 1987. Respondent No. 2, however, claiming possession was still with him had filed a civil suit at Karnal for permanent injunction against the petitioner as well as respondent No. 3 wherein an ex-parte order (annexure P1) for temporary injunction was made in his favour restraining the defendants from dispossessing the plaintiff from the suit land except in due course of law. Apprehending breach of peace with regard to dispute concerning aforesaid land, local police submitted Calendar (Annexure P-2) before Sub-Divisional Magistrate, Karnal, on 10.10.1988, disclosing that there was dispute between Jarnail Singh and Kartar Singh. It is, however, mentioned therein that on finding opportunity, the second party Kartar Singh took possession over the land. Sub Divisional Magistrate, Karnal, passed preliminary order under section 145 (1) of the Code dated 26.10 1988 (Annexure P-3) and summoned the parties to attend his Court in person or through Pleader on 17.11.1988 at 9 A.M. and to put in written statements of their respective claims with regard to the fact of actual possession of the subject of dispute. That order was assailed by the petitioner through Criminal Miscellaneous No. 8115-M-1988 but the same was dismissed on 18.11.1988 as premature holding that no case for exercise of inherent powers was made out at that stage. Subsequently, order dated 21.2 1989 (annexure P-5) under section 146 of the Code was made by Sub-Divisional Magistrate, Karnal whereby the land in dispute was put under attachment and Naib Tehsildar Nilokheri was appointed Receiver of the attached property to look after and manage the same. Realising that the same was bound to provide interference into his admitted possession petitioner Kartar Singh filed the present petition under section 482 of the Code for quashing both the aforesaid impugned orders annexures P-3 and P5.
(3.) IN the meantime, it came to light in the undisputed civil litigation as well that petitioner Kartar Singh was in possession of the land in dispute as a result of which respondent No. 2 Jarnail Singh the plaintiff, was compelled to amend his plaint. It is not disputed on his behalf that the plaint of the civil suit for permanent injunction was amended to the effect of changing its nomenclature to a suit for mandatory injunction directing the defendants to put the plaintiff into possession or in the alternative for possession of the land in dispute, Thus, as the position now stands, undisputedly petitioner Kartar Singh is in possession of the land in dispute.;