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1979 Supreme(Kar) 228

VENKATASWAMI
NARASIMHA PRABHU – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
B.V.ACHARYA RAO, K.SHIVASHANKAR BHAT, T.J.CHOUTHA, U.L.NARAYANA RAO

VENKATASWAMI, J.

( 1 ) THIS Petition is directed against the order dated 23-10-1979 passed by the taluka Magistrate and Tahsildar, mangalore Taluk, in proceeding No. MAG/cr/147/79-80 under S. 145 Crl. P. C. and the consequential order made by him in the said proceeding on the following day attaching some agricultural lands comprised in several survey numbers of village Padavu and appointing a receiver to be in possession of the same till the disposal of the case before him.

( 2 ) THE petitioners and respondents 2 to 4 (herein) are 'b' and 'a' parties respectively before the learned magistrate.

( 3 ) THE proceeding was initiated on a report made to him by the Sub- inspector of Police, Mangalore on 21-10-1979 alleging that there was a likelihood of breach of peace taking place in the lands in question and therefore urgent action was called for to prevent the same.

( 4 ) BEFORE examining the correctness of the orders in question it may be necessary to know a few facts concerning the lands in question. These lands are situated on the outskirts of mangalore town area. The lands belonged to one J. S. Pinto (since deceased ). Concerning the possession and enjoyment of these lands there hav


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