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1975 Supreme(Cal) 262

A.N.BANERJEE
TARAK CHANDRA PAIK – Appellant
Versus
NAIM MONDAL – Respondent


JUDGEMENT

Order :- This Rule was obtained against the orders passed by the learned Executive Magistrate, Basirhat, in a proceeding under Section 144 of the Code of Criminal Procedure which was subsequently converted into one under Section 145 of the same Code. It appears that on the application of the opposite party the learned Executive Magistrate by his order dated November 18, 1974 drew up a proceeding under Section 144 of the Code of Criminal Procedure against the second party petitioners restraining them from cutting away the paddy from the lands in schedule. The second party petitioners appeared before the learned Magistrate and prayed for vacating the aforesaid order but the learned Magistrate by his order dated January 16, 1975 converted the proceeding under Section 145 of the Code of Criminal Procedure and restrains, both the parties from entering into the disputed lands. The lands were also attached and Junior Land Reforms Officer, Habra was appointed Receiver in respect of it until further orders. It is as against such orders as passed by the learned Magistrate the present Rule was obtained.

2. Mr. Panda with Mr. Roy, learned Advocates appearing for the petitioners submitt



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