ABDUR RAZAQ vs BAHADUR KHAN AND Other

ORDER

1. SALAIIUDDIN AHMED, J.-This petition arises out of the following order of the Magistrate passed in a proceeding under section 145 of the Code of Criminal Procedure :- "In view of the above discussion I declare Party No. 1 (Abdur Razzaq) to be entitled in possession of the disputed land until evicted there from in due course of law and forbidding all disturbance of such possession until such eviction. I further order that Party No. 1 should be restored the possession of the disputed land if evicted there--from or forcibly and wrongfully dispossessed. The aggrieved party to seek his legal remedy in competent criminal or civil Court."

2. Party No. 1, Abdur Razzaq mentioned in the order just quoted is the petitioner before us, and he has been aggrieved by the order of a learned Single Judge of the High Court setting aside the aforesaid order of the Magistrate. The learned Single Judge held that the order was illegal inasmuch as it did not say who was found to be-in possession of the property in dispute on the relevant date. The learned Judge further found that upon the evidence it was clear that respondent Bahadur was the lessee of the property and in possession up to the end of Rabi 1971 and that Girdawari of Rabi 1971 took place on the 27th of April 1971. The proceeding under section 145 of the Code of Criminal Procedure was started on the 22nd of April 1971, i.e. Before even the Girdawari took place. We think that the learned Judge is right.

3. There is no substance in the petition and it is, accordingly, dismissed.