S.WASIUDDIN,J - (1.) This application in revision is for setting aside an order passed by the Sub -divisional Magistrate Khagaria in Case No. 971 -P of 1969 on 20 -11 -1969 ordering for the opening of the lock of a school. It may be also mentioned here that a revision against that order was filed before the Sessions Judge, Monghyr which was dismissed on 29 -11 -1969. The relevant facts which have given rise to this present application may be briefly stated as follows: There is a High School, called 'Bhadas High School' in the district of Monghyr. It is a non -Government recognized institution which is administered in accordance with the provisions of the Bihar High Schools (Control and Regulation of Administration) Act, 1960 (Bihar Act XIII of 1960) and the rules framed under that Act. There are two petitioners in this petition and petitioner no. 1 claims to be the Headmaster for the last ten years of the aforesaid school and petitioner no. 2 claims to be the duly elected Secretary by a Managing Committee. Unfortunately, there has been some trouble with regard to the management of the school resulting in the closure of the school. According to the petitioner during the period when the school was closed, the Sub -divisional Education Officer (hereinafter to be called as 'the S.D.E.O.') in collusion with the members of the opposite party held meeting in spite of objections and in that meeting the new members and the Secretary of the school were elected. An appeal against this was filed by petitioner no. 2 before the Director of Public Instructions, which according to the petitioners was pending at the time of the hearing and functioning of the new Committee had also been stayed by the Director of Public Instructions. The opposite party, on the other hand, contended that petitioner no. 1 was neither the Headmaster nor petitioner no. 2 was the Secretary at the relevant point of time, and that the members of the opposite party were the duly elected members under the rules framed under the Act and they formed the new Managing Committee of which opposite party no. 1 is the Secretary and opposite party no. 2 is the Headmaster. The dispute between the parties resulted in the institution of a proceeding under Sec. 144 of the Code of Criminal Procedure on the basis of a police report dated 15 -8 -1969. The aforesaid proceeding under Sec. 144 of the Code of Criminal Procedure was registered as Case No. 279M of 1969. A final order was passed in the proceeding by the Sub -divisional Magistrate on 16 -10 -1969 by which he made the order absolute against the present petitioners in this revision. Petitioner no. 1 has also preferred an appeal against his dismissal to the District Education Officer, who is said to have stayed the operation of the order regarding his dismissal. The present petitioners also filed a criminal revision against the order in the proceeding under Sec. 144 of the Code of Criminal Procedure to this Court which was registered as Criminal Revision No. 2558 of 1969, but the application was withdrawn as the statutory period of sixty days had expired.
(2.) On 28 -10 -1969 the present opposite party filed a petition before the Sub -divisional Magistrate praying that a Magistrate may be deputed immediately to remove the lock of the school and to prepare an inventory. On the basis of this petition the Sub -divisional Magistrate directed Shri S. Singh, Sub -Deputy Magistrate to get the office opened and to prepare an inventory of the articles. Shri S. Singh submitted a report that he could not locate the actual office of the school and sent back the record with a request that the S.D.E.O. may be asked to identify the school. On 20 -11 -1969 the opposite party filed another petition praying that another Magistrate may be deputed and not to ask the S.D.E.O. to accompany him and the Sub -divisional Magistrate on 20 -11 -1969 passed the order quoted here below and this is the impugned order: - - A petition has been filed on behalf of the petitioner Bindeshwari Singh that another Magistrate may be deputed to open the illegal lock of the H.E. School, Bhadas. Sri Sahdeo Singly S.D.M. has submitted his report that legal action is not possible in the absence of the ascertaining the actual office building of the High School. It is surprising that the Magistrate could not locate the office. Let Shri S. Singh do it with the help of the petitioner Bindeshwari Prasad, Secretary of the school. This should be on 21 -11 -69 positively and compliance reported to the court on 22 -11 -69. As against this order the present petitioners filed a revision before the Sessions Judge which was numbered as Criminal Revision No. 170 of 1969 and it was dismissed. The learned Sessions Judge was of the opinion that the impugned order had not been passed in a proceeding under Sec. 144 of the Code of Criminal Procedure and that it was an executive order of the Sub -divisional Magistrate which could not be subject matter of a revision under the Code of Criminal Procedure.
(3.) It may be also mentioned here that a supplementary affidavit was filed on behalf of the petitioners stating therein that the impugned order was also had because it was ex parte without any notice to the petitioners and without giving an opportunity of being heard.;