N.K. Jain, J. - (1.) This revision under section 397/401 Criminal Procedure Code is directed against the order of learned Sessions Judge, Merta dated 12-2-93 whereby while setting aside the order dated 25-3-92 passed by learned Assistant Collector, Makrana, remanded the case back to the court below and restored the order of attachment.
(2.) Briefly stated the facts of the case are that the non-petitioner no. 2 Abdul Hamid moved an application before the Asstt. Collector on 12-2-92 ups. 145-146(1) Criminal Procedure Code, alleging that Mine No. 65 in the Ullor Range belongs to his forefathers and a Tana.' was also issued though that was destroyed but there exists entry in 'Bapi Khan Register' at Serial No. 172 in the name of his grand father Allahrakh. It was also alleged that he along with his brothers were in possession but Allah Noor, Nabab Ali, Gulam Nabi and Jumma with the connivance of staff of Mines Department has got mutated the disputed Mine No. 65 in their favour for which he had also, filed a complaint in the court of M.J.M. Makrana on 16.12-91. The non-petitioner No. 2 also alleged that in his absence, the present - petitioners encroached upon the disputed mine on 20-1-92 and constructed a room and further they are trying to commit breach of peace, therefore, they be restrained from interfering with the disputed mine. An affidavit was also filed by him. The application was referred to the S.H.O., Makrana and after investigation he filed his report. The Asstt. Collector, Makrana after considering the report of S.H O. on 28-2-92 passed order on both the applications simultaneously and also appointed S.H.O. Makrana as receiver and fixed next date 23-3-92. On 23-3-92 in the presence of parties the case was adjourned for filing reply to 9-4-92. But at 3 P.M. the non-applicant - petitioners Allanoor and Ors. moved an application for dropping the proceedings under sections 145 Criminal Procedure Code and the Asstt. Collector while fixing the case on 25-3-92 issued notice to the counsel for applicant Abdul Hamind to appear on 25-2-92. On 25-3.92, the Asstt. Collector ordered to drop the proceedings under section 145 Criminal Procedure Code and further ordered to hand-over possession of the disputed mine to the non-applicant-petitioners. The applicant-non-petitioner moved a revision before the learned Sessions Judge. The same was allowed and order of attachment passed on 28-2-92 was restored. Hence, this revision filed by the non-applicants Allanoor and Ors.
(3.) This revision was filed on 17-2-93 and the case was listed on the same day though there was a defect as certified copy of the order was not filed. The Court while granting 10 days time to file certified copy of the order. issued notice in the main revision as well as in the stay application and also ordered that meanwhile the operation of the order dated 12-2-93 shall remain stayed up-to 6-3-93. The non-petitioner no. 2 was served on 23-2-93. The case was listed on 11-3-93, 17-3-93 and 12-4-93. On 12-4-93, it was ordered to be listed on 29-4-93 for final disposal and with the consent of the parties the interim order was extended up to 30-4-93. On 29-4-93 both the parties were present, however, their counsel were not present. The non-petitioner no. 2 Abdul Hamid filed a short reply stating that the order of the learned Sessions Judge has been complied with on 17-2-93 and S.H.O. has taken possession but as this Court passed stay order the petitioners again got possession on 18-2-93 and now in the garb of order of High Court they want to get stay in the civil suit filed by them and, therefore. the star order passed by this Court dated 17-2-93 may not be extended further. But as the counsel for the parties were not present the case was adjourned to 4-5-93 for final disposal. On 4-5-93, the case came up before me and the arguments were heard finally on 5-5-93.;