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R.P.SETHI
Abdul Rashid Wani – Appellant
Versus
State (J. & K. ) – Respondent


JUDGMENT

R.P. Sethi, J-. Aggrieved by the preliminary order dated: 23-10-1986 passed by Judicial Magistrate, Chadoora and order of attachment dated 19-11-1986 passed by the Chief Judicial Magistrate, Hadgam, the present revision has been filed on the ground that the aforesaid orders were illegal, erroneous and without jurisdiction. The preliminary order did not fulfill the conditions of section 145 (1) Cr. P.C. as it did not contain the grounds and the material available on record which had satisfied the Magistrate as to the existence of breach of peace on spot with respect to the property in dispute. The order lacked in the specification of the land, the subject matter of the dispute. The petitioners were and are in peaceful possession of the land where they have raised three storeyed construction in Survey No. 1175 min and were residing there. It is further submitted that it was wrongly alleged that the construction had been raised in survey No. 933/1196 which was State land and the column of produce of the Khasra Girdwari clearly revealed that the land in question had been growing wheat and maize which was a land within the meaning of the definition given in the Agrarian Reforms

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