JUDGEMENT
DR.K.S.SIDHU, J. -
(1.) THIS petition of revision has come up before me in the following circumstances.
(2.) HAJI Ibrahim, respondent No.2, herein, made an application under section 145 Cr. P.C. for a declaration that he has been and is in
possession of plot No. C -80 -A situate at Subhash Marg, C -scheme Jaipur
and that there is a dispute concerning this property between him and the
respondents, Dr. S.K. Taneja, Devendra Kaushik, Ramjilal, Captain
Sampuran Singh and Smt. Anari Devi that the dispute is likely to cause a
breach of the peace and that therefore proceedings under section 145 and
146 Cr. P.C. may be taken concerning the said plot. Simultaneously, he prayed that the plot in dispute be attached in accordance with section
146 Cr. P.C.
This application was made on 29th November, 1982. The Executive Magistrate concerned obtained a report thereon from the local police. The
police also confirmed that the dispute concerning this plot between the
aforementioned parties could cause a breach of the peace and that
therefore proceedings under section 145 Cr. P.C. may be taken.
(3.) ON November 29, 1982, the learned Magistrate passed a preliminary order in accordance with the provisions of section 145(1) Cr.
P.C. calling upon the parties to attend his court on December 20, 1982,
and put in written statements of their respective claims. The learned
Magistrate further passed an order under section 146 Cr. P.C. attaching
the plot in dispute so as to prevent the threatened breach of peace. He
appointed the Tchsildar Jaipur as Receiver to take possession of this
plot till further orders. On December 3, 1982, the learned Magistrate
passed further order directing the Receiver to put his locks on some
rooms erected on this plot.;
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