ALOK SHARMA - (1.) THIS petition has been filed with the prayer to direct the Sub Divisional Magistrate Chaksu (herein after the 'SDM Chaksu') to hand over the peaceful possession of the land Khasra No. 133, 134 and 135 to an extent of 1.02 hectare in Village Ganeshpur, Chaksu, Jaipur to the petitioners following the quashing of the order of appointment of receiver under the SDM Chaksu's order dated 24 -3 -2011 and the taking of possession of the petitioners' khatedari land by the Receiver in pursuance thereof.
(2.) The case of the petitioners is that on the order dated 24 -3 -2011 passed by the SDM Chaksu, the Tehsildar Chaksu in the capacity of Receiver took possession from the petitioners of land under Khasra No. 133, 134 and 135 to an extent of 1.02 hectare in Village Ganeshpur, Chaksu, Jaipur. Subsequently the land of petitioners had been given by the Tehsildar -as Receiver for cultivation to the highest bidder at an auction. It is submitted that aggrieved of the order dated 24 -3 -2011 passed by the SDM Chaksu, the petitioners preferred a petition No. 77/2011 before the Additional Sessions Judge (Fast Track) No. 3, Jaipur Metropolitan, who after considering the facts of the case allowed the petition vide order dated 3 -4 -2012 holding that complainant respondent in the petition had no legal possession and as she herself had attempted to breach the peace to perpetuate the illegality of her unlawfully asserted possession, she was not entitled to any protection of the courts of law by resort to Section 145 Cr.P.C. It was further held that the petitioners, the recorded khatedar tenants could not be prevented from enjoying their legal possession by appointing a receiver. Consequently the order dated 24 -3 -2011 passed by the SDM Chaksu was set aside.
(3.) THE order dated 3 -4 -2012 passed by the Additional Sessions Judge (Fast Track) No. 3, Jaipur Metropolitan was challenged before this Court by filing a Criminal Revision Petition No. 373/2012. this Court vide order dated 3 -5 -2012 was pleased to uphold the order dated 3 -4 -2012 and dismissed the revision petition.;