This revision petition has arisen and directed against the order dated 15.11.97 passed by Smti C. Baruah, Executive Magistrate, Guwahati in Misc Case 242m/ 94 under section 145/146 CrPC. A proceeding under section 145/146 CrPC was drawn up at the instance of the 1st party, in respect of a dispute likely to cause breach of peace concerning a dispute of land. On the strength of an application filed by the opposite party/1st party the proceeding was initiated by the learned Executive Magistrate on 10.6.94 and ordered for attachment of the disputed land measuring 2 katha covered by Dag No.311 Patta No.60 in village Fatasil Nonke Village, Mouza Jalukbari. 2nd party submitted written statement and witnesses were examined on behalf of both the parties.

2. On consideration of materials on records and upon hearing the parties, the learned Executive Magistrate by its order dated 19.12.97 declared the possession in favour of the first party. Hence the revision petition.

3. Mr. Z. Kamar, the learned counsel appearing on behalf of the 2nd party/ petitioner has submitted that the learned Executive Magistrate acted in most illegal fashion by drawing up of a proceeding in a most casual manner withou

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