MITTER, SEN GUPTA
TURU MAJHI – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) THIS provisional application is directed against the order of the Sub-Divisional Magistrate, Vishnupur, drawing up proceedings under Section 145, Criminal P. O. in respect of certain lands of Mouza Kanalpur, Police Station Sonamukhi; measuring about 62. 80 acres. It appears from the reports of the Circle Officer, South, on the basis of which the proceedings were started, that the petitioners Turu Majni and others, who are Sonthals and men of the second party, obtained settlement of the lands in 1927, but after cultivating the lands for some years, they abandoned the lands and left the locality about 15 years ago, but about June 1951, they returned to the locality and took possession of some of the disputed lauds and cultivated some of them and erected huts in others. On 14-6-1951, the opposite party started proceedings under Section 144. Criminal P. C. and an order was issued under that section restraining the parties from entering the lands. But that order was dissolved on 16-8-1951 -- the Sub-Divisional Magistrate recording a finding that the second party, Sonthals ware in possession. Thereafter, However, on the application of the opposite party, who is the first p
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