J. DAS, J, J.

( 1 ) IN this Miscellaneous Case the petitioners challenge the order dated 9-12-88 passed by the Executive Magistrate, Paralakhemundi and the order dated 6-1-1989 passed by the Sessions Judge, Ganjam, Berhampur and submit that the orders are without jurisdiction and there is miscarriage of justice and hence those orders should be quashed.

( 2 ) ON perusal of the orders dated 9-12-88 it appears that the said order is not at all tenable. It appears that the learned Executive magistrate without taking any evidence in the case proceeded to the spot and visited the house in question and on the basis of the knowledge acquired by him on such visit, he proceeded to dispose of the proceeding under Section 145 of the Criminal Procedure Code and ultimately passed the order that the subject matter of the dispute is attached under Section 146 of the Criminal Procedure Code and the Revenue Inspector, Machumara is appointed as the receiver and the parties are directed to approach the competent Civil Court for determination of their rights. The learned Executive magistrate also gave further direction that the attachment is to continue till the rights of the parties are decided by th