S. K. RAY, J.

( 1 ) THIS is a petition by the members of the second party in a proceeding under section 145, Cr. P. C. to quash the order dated 28-3-66 passed by Sri K. M. Ram, magistrate, 1st Class, Athagarh, declaring the possession of the first party in respect of 50. 99 acres of Bhogra lands in village Kotapala.

( 2 ) ONE Dasarathi was the Sarbarakar in respect of these Bhogra lands which are the subject-matter of the dispute in the 145 proceeding. In the year 1955, these lands were kept under the direct management of the State for some time and then another Sarbarakar was vested with the responsibility of management of these lands. According to the petitioners, they were the Bhag tenants under the said dasarathi and were paying rent to him during his lifetime. After his death during the period of State management thery were paying rent to the Sarbara-kar in de facto management. The first party was appointed Sarabarakar in respect of the lands in dispute on 24-2-65 and took delivery of possession on 21-3-65. At the commencement of the next agricultural season conflict between the parties started and case under Sections 143 and 447, I. P. C. , was instituted by the first party