G. K. MISRA, J.

( 1 ) THE petitioners are members of the first party in a proceeding under Section 145, Cr. P. C. The dispute is over the possession of a tank with an area 2. 77 acres. It stands on plots Nos. 317, 318, 390, 391, 374 and 375 appertaining to khata No. 19 in village Chutiaposi in the district of Keonjhar. Admittedly these plots stand recorded in the name of the Government The case of the first party is that their fore-fathers excavated the tank at their own expenses and that they are in possession of cultivable lands surrounding it which arc irrigable by its waters. They claim fishery right in it. In their written statement they allege that sometime in 1942, the ex-Stale of Keonjhar recognised their rights in it Without any semblance of right the second party members wanted to create disturbance in their possession and accordingly the present proceeding has been started

( 2 ) THE second party members are mostly villagers of Chutiaposi. They allege that the disputed tank belongs to the State and that the Slate had transferred the same to the Kapundi Gram Punchayat (hereinafter referred to as the Punchayat ). From 1961 onwards the fishery right of the tank is being put