M.L. Jain, J. - (1.) The facts giving rise to this application under Sec. 482 Cr. P.C. are like this: Bhonrey Lal and Babu Lal filed a complaint under Sec. 145 Cr P.C. in the court of the Sub -divisional Magistrate, Behror that they are the khatedar tenants of 4 Bighas and 19 Biswas of land in village Pipli Khasra No. 653, 666 and 668. But the opposite party namely Bhanwar Singh and others were determined to take forcible possession of the said land. There is a dispute which is likely to cause breach of peace. They also prayed that the property be attached and a receiver be appointed thereof.
(2.) The learned Sub -divisional Magistrate obtained a report from the Station House Officer, who reported that both the parties were likely to commit breach of peace over the possession of the aforesaid land. On (sic) the learned Magistrate made a preliminary order. He also considered at a case of emergency, attached the property and appointed the Tehsildar Behror to be the receiver thereof. He further directed that if there was any standing crop it may be sold by public auction. A revision was taken in the court of sessions Alwar against this order. To learned Sessions Judge by his order dated 30 -1 -75 made the following observations and directions: 1) The matter of emergency is one for the subjective satisfaction of the Magistrate concerned; 2) The Magistrate took upon himself the responsibility to decide the question of possession whereas he ought to have referred the matter to the competent Civil Court. 3) The petitioners appeared to have cultivated the gram crop sanding on the field and they should be allowed to harvest the same. 4) The matter of possession should be referred to a competent civil court for decision according to law.
(3.) These observations and directions are challenged in this petition. I have heard arguments and considered the matter.;