JUDGMENT - B.U. WAHANE, J :---At the outset, it needs mention that inspite of the order dated 11th March, 1981, passed by Addl. Sessions Judge, Bhandara, in Criminal Revision Application No. 63 of 1980, Lakhanlal and another v. Dulichand and two others, by which the proceedings under section 145 of the Criminal Procedure Code in Misc. Criminal Case No. 62 of 1980, and also the order dated 27-10-1980, were quashed and set aside, neither the parties nor their learned Counsel, took pains to read and try to understand the implications of the order dated 11-3-1981 and, therefore, continued the proceedings under section 145 Cr.P.C., filing revision applications for the last more than ten years. The order dated 11-3-1981 passed by learned Addl. Sessions Judge, Bhandara was challenged in this Court in Criminal Revision Application No. 116 of 1981. By the judgment and order dated 5-8-1981, this Court confirmed the order of the learned Additional Sessions Judge, Bhandara. Thus, none cared of the orders referred to above, and kept the proceedings alive till today. Both the learned Counsel of the parties expressed their igrorance about quashing of the proceedings. It means, everyone took his duty lightly and thought the litigation as a game of amusement, wasting valuable time and energy of courts of Justice, prosecuting the case for the last ten years; inspite of the verdict of quashing the proceeding by the learned Additional Sessions Judge, Bhandara, by order dated 11-3-1981, and confirmed by this Court on 5-8-1981.

2. This application is directed against the order dated 17-9-1990, passed by the learned Additional Sessions Judge, Gondia, in Criminal Revision No. 20 of 1985, Lakhanlal (through His L. Rs.) and others v. Dulichand and another, by which the order of learned Sub-Divisional Magistrate, Gondia, passed on 12-8-1982 in Miscelleneous Criminal Case No. 62 of 1980 was set aside.

3. The facts leading to the proceedings under section 145 of the Criminal Procedure Code and subsequent revisions in that matter, are as under :

The applicant No. 1 Dulichand executed an aggreement of sale on 13-4-1976 of Gat No. 470 area 0.94 acre and Gat No. 471 area 0.35 acre of the land situated in village Chutiya-tola, in favour of the deceased Lakhanlal and also put him in possession of the said land on the same day. Since then, Lakhanlal and thereafter his L. Rs. are in possession of the land and they had also sown the paddy crops in that land. It is the case of deceased Lakhanlal and his L. Rs. that the applicant Dulichand and others obstructed their possession some times in the year 1979 and, therefore, reports and counter-reports were lodged by both the parties to the Dawaniwada Police Station. As there was a breach of peace, the P.S.O., Dawaniwada, presented an Istagasa before the Sub-Divisional Magistrate, Gondia under section 145 Cr.P.C. against the party No. 1 (deceased Lakhanlal) and Party No. 2 (Dulichand and others). On 21st day of October, 1980, the learned S.D.M., Gondia, passed the preliminary order under section 145 Cr.P.C., as under:

"WHEREAS reliable information has laid before me by the Police Station Officer Daoniwada for the following effect that ---

2. Gat No. Acres

470 0.94 decimals of mouza

471 0.35 decimals Chutiya

3. And whereas from the report of the Police Station Officer, Daoniwada, I am satisfied that a dispute is likely to be occasion a breach of peace. I, V.N. Gondhalekar, Sub-Divisional Magistrate, Gondiya hereby direct the parties to appear before me at Gondiya on and to put in written statement and such a documents or to adduce by putting in affidavit and evidence of such persons as they rely upon in respect of their respective claims as respects the facts of actual possession of the subject of dispute.

Party No. 1 Party No. 2

1. Lakhanlal w/o Laxminarayan Sahu. 1. Dulichand Puran Katre.

2. Gopaldas Ganpatlal Sahu, Gondiya. 2. Tanu Dulichand Katre, both r/o Lodhitola Dhutiya.

Details of property in dis

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