G.K. Sharma, J. - (1.) This revision petition has been preferred by the party No. 2 in the lower court against the order of the District Magistrate, Bundi, dated 21.6.1983 ordering and attaching under Section 146 (1) Cr.P.C. and appointing Tehsildar, Bundi as Receiver of the property.
(2.) The brief facts of this case are that petitioner party No. 1 moved an application addressed to Deputy Superintendent of Police, Bundi for taking action under section 145/146 Cr.P.C. He has mentioned in the application that he is in possession of the property which is a shop situated at Reghuveer Bhawan, Bundi for the last 48 years and he is running a restaurant known as 'Bhati Restaurant' where in petitioner No. 1 Shri Kishan Behari Birla has been employed as servant to run the restaurant.
(3.) It was further alleged that the petitioner along with his father has been selling tea, sweets and namkeen in the restaurant and the petitioner No. 1 was serving as their servant and drawing salary. It was further alleged in that application that the petitioner} with bad intention started quarrelling with the non-petitioner On 7-6-83 the non-petitioner went to see the accounts on which Kishan Behari petitioner told him to sit and said him that he will show the accounts. However, the two sons of Kishan Behari tried to pick up quarrel. According to the non-petitioner some persons intervened otherwise the petitioners would have killed the non-petitioner party No. 1. Non-petitioner party No. 1 has also alleged in the application that on 17.6.1983, when he came from Jaipur and went to the hotel, P the younger son of Kishan Behari started abusing him. Kishan Behari has said that he would show the accounts in the evening. Thus it is said that this dispute went upto 19th June, 1983 and since the petitioner intended to take law-in their own hands and tried to be-labour them they have no other option but to move this application to the police. On this Application which was moved on 19.6.83 to the police by non-petitioner party No. 1. The sub Inspector Shri Madan Lal reported that a dispute has arisen between the parties. This report was submitted on 21.6.1983 by the S.H.O. Kotwali, Bundi along with his own affidavit to the District Magistrate, Bundi. On the receipt of this report the learned District Magistrate passed the impugned order without issuing any notice to the petitioners. While passing this order the learned District Magistrate did not record any statement of persons neighbour-hood of the restaurant and on the report of the S. H. O. only issued this impugned order The District Magistrate has passed this order expat and directed the Tehsildar to take over the property.;