Ujjal Bhuyan, J.

1. Heard Mr. S.R. Sen, learned senior counsel assisted by Mr. E. Nongbri, learned counsel for the petitioner. Also heard Mr. B. Bhattacharjee, learned counsel appearing for respondent No. 3. This revision petition has been filed for quashing of judgment and order dated 16.4.2010 passed by the learned Addl. District Magistrate-cum-Sessions Judge, West Garo Hills, Tura in Criminal Appeal No. 12 of 1993 upholding the attachment order passed by the learned Magistrate, Tura in Misc. Case No. 56/1981.

2. Shorn of details, the facts of the case may be briefly noted.

3. Third respondent filed a petition dated 17.11.1981 before the Addl. Deputy Commissioner at Tura alleging that the second party (petitioner herein) was trying to dispossess her from her paternal property which was described in the schedule to the petition. The schedule land is covered by PP No. 6, Dag Nos. 464, 469, 471, 474, 477, 302, 93 and 307 of village Shyamding, Mouza No. VI, Lot No. 1 in West Garo Hills District, Meghalaya. However, as against the 8 dags mentioned, boundaries of seven plots of land were mentioned.

4. Learned Magistrate, Tura registered the said petition as Misc. Case No. 56/1981 and on the same day i.e. 17.11.1981, after observing that he was satisfied that there was every likelihood of breach of peace between the parties in the locality for the possession of the disputed land, drew up a proceeding under Section 145 of the Code of Criminal Procedure (Cr.P.C.). While issuing notice to the second party, learned Magistrate directed attachment of the disputed land, prohibiting the parties to enter into the disputed land until further orders and also appointing the Officer-in-Charge of Phulbari Police Station as receiver of the disputed property. Shortly after the attachment order was passed, first party filed a petition stating that in the schedule to the petition, one dag of land was wrongly mentioned and attached. Accordingly, learned Magistrate passed an order on 30.11.1981 directing the Officer-in-Charge, Phulbari Police Station to release from attachment the plot of land which the first party stated was not in dispute.

5. Twelve years after the preliminary order was passed, learned Magistrate passed the final order dated 05.10.1993 directing that the possession of the disputed land be handed over to the first party, prohibiting the disturbance of possession of the first party until and unless the first party is evicted from the disputed land in due course of law. Consequential order for release of the disputed land from attachment and release of auction money to the first party was also passed.

6. Petitioner filed an appeal before the appellate Court i.e. the Court of Addl. Deputy Commissioner, West Garo Hills, against the aforesaid order of the learned Magistrate. The appeal was registered as Criminal Appeal No. 12/1993.

7. Appellate Court, by the order dated 10.08.2000, dismissed the appeal holding that there was no ground to interfere with the order passed by the learned Magistrate. It was observed that the aggrieved party may approach the Civil Court for his remedy.

8. Petitioner approached this Court by way of a revision petition against the dismissal of his appeal, which was registered and numbered as Criminal Revision No. 2 (SH) 2001. This Court by judgment and order dated 03.06.2005 set aside the order dated 10.08.2000 and remanded the matter back to the appellate Court for a fresh decision. As there was delay in the disposal of the appeal following the order of this Court, petitioner again approached this Court in Criminal Revision No. 36 (SH) 2005. This Court by judgment and order dated 03.08.2007 disposed of the said revision petition by directing the appellate Court to re-hear the appeal and to dispose of the same within a period of two months. While disposing of the revision petition, this Court observed that the land not included in the preliminary order was wrongly attached by the Officer-in-Charge of Phulbari Po