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1964 Supreme(Raj) 204

CHHANGANI
Gobaria – Appellant
Versus
State – Respondent


Advocates Appeared:
Ugam Raj Tatia, for Petitioner; S.N. Gurtu, Deputy Government Advocate, for State

CHHANGANI, J.—The petitioners Gobaria, Sohan and Sitaram sons of Bhopa, Ganchi of Jodhpur, have filed this revision against the order of the Additional Sessions Judge, Jodhpur, dated 23rd May, 1963, setting aside their discharge by the Additional Munsif Magistrate No. 1, Jodhpur, and directing a further enquiry against them.

2. The facts leading to the order of remand may be briefly stated as follows:—

The Tehsildar Jodhpur exercising powers of Collector under sec. 230 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the Act) issued a warrant for the attachment of the movable property of Bhopa Ganchi. The warrant was to be executed before 29th of August, 1962. The warrant was endorsed to Revenue Inspector Chanwar and Patwari Jhalamand. It appears that the warrant was not expected to be executed before 29th of August, 1962 and consequently, on that date the Revenue Inspector submitted an application to the Tehsildar for exten-ding the date. The Tehsildar passed an order extending the date of the execution of the warrant upto 20th of August, 1962. The extended date was not incorporated in the warrant. On 30th August, 1962, Somnath Revenue Inspector along with some ot










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