JUDGMENT :

R.N. Misra, J. - The first party in a proceeding u/s 145, Code of Criminal Procedure is the Petitioner. This proceeding u/s 145, Code of Criminal Procedure was initiated by the preliminary order dated 3-5-1969 in respect of 7.40 acres of land appertaining to H.S. plot No. 2173 of village Silet within Atabira P.S. in the district of Samhalpur. During the pendency of the proceeding the property was under attachment. That proceeding terminated in favour of the first party by the final order dated 30-6-1971. On 1-7-1971 the learned Magistrate issued the intimation of such declaration as provided in Form XXII of Schedule V of the Code of Criminal Procedure.

2. In the mean time one of the members of the second party filed a revision before the learned Sessions Judge, Sambalpnr, on 7-7-1971. During the absence of the learned Sessions Judge, the Additional District Magistrate (Judicial) before whom the records were placed, passed the following order on 7-7-1971:

Heard. Stay operation of the order dated 30-6-1971 in Cr. Misc. Case No. 38 of 69/Tr. 68 of 70 in the Court of Shri A.N. Naik, Magistrate First Class (Executive), Bargarh, until further order and put up before Sessions Judg