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2006 Supreme(Raj) 1213

R.S.CHAUHAN
Chhagan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Sunil Kumar Singodhiya, for the Petitioner.
Mr. Arun Sharma, Public Prosecutor, for the State.
Mr. Shyam Lal Sharma, for the Non-petitioner No. 2.

Judgment

R.S. Chauhan, J.-The petitioner has challenged the order dated 24.03.2005 passed by the Additional Sessions Judge, Rajgarh, District Alwar whereby the learned Judge has set aside the order dated 20.08.2004 passed by the Sub-District Magistrate, Rajgarh (hereinafter referred to as the SDM for short) wherein the learned SDM had appointed a receiver over a disputed property between the petitioner and Respondent No. 2.

2. The brief facts of the case are that the petitioner had submitted a complaint at Police Station, Rajgarh and also submitted a complaint before the learned SDM, Rajgarh wherein he claimed that there was a dispute between him and Hari Ram Respondent No. 2, about a plot situated in Mohalla Khadolian about which a civil suit is pending between the parties before the Additional District Judge, Rajgarh. However, during the pendency of the civil suit, the parties have clashed over the plot. In fact, because of the animosity between the families, the petitioners son was killed by those who are family members of the Respondent No. 2. Thereafter, the illegal occupation of the said plot by the Respondent No. 2 and his family members was allegedly made. Therefore, he pra










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