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2005 Supreme(Raj) 571

H.R.PANWAR
Kherdeen – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. N.L. Joshi, for the Petitioner
Mr. Ashok Upadhayay, Public Prosecutor.
Mr. D.S. Rajvi, for the Respondents No. 2 and 3.

Judgment

H.R. Panwar, J.-This Criminal Miscellaneous Petition under Section 482 CrPC is directed against the order dated 19.03.2004 passed by Additional Sessions Judge, Anoopgarh ( for short the Revisional Court hereinafter) in Criminal Revision No. 24/2004 "Kherdeen vs. State of Rajasthan and Ors., whereby the Revisional Court set aside the order dated 28.02.2004 passed by Sub Divisional Magistrate, Gharsana (for short the Executive Magistrate hereinafter) in case No. 20/2002 whereby the Executive Magistrate held that the party No.1 petitioner Kherdeen unauthorisedly and foricibly took the possession of the land bearing No. 43/17 mesuing 25 bighas in Chak No. 18 MD and directed that the petitioner be dispossessed from the disputed land and possession of the disputed land be given to respondent No. 2 Mohd Ali and respondent No. 3 Smt. Sammi. Aggrieved by the order of the Executive Magistrate, the petitioner filed a revision petition before the Revisional Court. The Revisional Court allowed the revision petition, set aside the order of Executive Magistrate dated 28.02.2004 and remanded the matter to the Executive Magistrate to decide afresh after affording the opportunity of hearing
















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