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SAROJNEI SAXENA
Naranjan Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates:
Counsel for the Parties:
For the Petitioners: S.D. Sharma with Surinder Sharma.
For the Respondent: G.S. Gill, T.S. Chauhan and Umrao Singh.

JUDGMENT

Dr. Sarojnei Saksena, J. - The chequered history of the case is that SHO Police Station Sadar Khanna submitted a report dated December, 11, 1993, to the Sub-Divisional Magistrate, Khanna for initiating proceedings under section 145/146 Cr. P.C. with regard to the land measuring 202 acres situate in village Nasrali alleging that there is a dispute between Joginder Singh Sarpanch etc. party No.1 and Niranjan Kumar etc. party No.2 regarding possession of the disputed land and this dispute is likely to give rise to breach of peace. On receipt of this report, S.D.M. issued notice under section 145(1) Cr. P.C. calling upon both the parties to submit their claims with regard to possession of the disputed land. After considering their replies, S.D.M. Khanna came to the conclusion that neither party is in possession of the said land and accordingly attached the said land and appointed Tehsildar, Khanna as receiver. He was directed to attach, the said land, take its possession and thereafter to lookafter the same.

2. Aggrieved by that order, the petitioners (party No.2) filed a revision before the Sessions Judge, Ludhiana, which was dismissed vide order dated April 28, 1995, holding

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