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1996 Supreme(Ori) 290

DIPAK MISRA
MAYADHAR BARIHA – Appellant
Versus
SUBDIVISIONAL MAGISTRATE – Respondent


Advocates Appeared:
Pitambar Acharya, for the Appellant; N.C. Pati and S.K. Bal (for O.Ps. 2, 4, 6 and 9), for the Respondent

JUDGMENT :

Dipak Misra, J. - Invoking the revisional jurisdiction of this Court the petitioner has prayed for setting aside the order passed by the Sub-Collector, Bargarh, in Criminal Misc. Case. No. 133 of 1993 whereby the said authority in a proceeding u/s 145 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has directed maintenance of status quo by both parties with a further stipulation that parties may approach the Civil Court for redressal of their grievances.

2. The factual backdrop sans unnecessary details is that the petitioner being a village Jhankar performs seva puja of village deities and for the said purpose, he has been permitted to enjoy the disputed land on rent free basis in Bebandobast Case No. 144/83. As the opp. parties 2 to 10 disturbed in his peaceful possession and made attempts to enter upon the suit land, he filed a petition u/s 144 of the Code making a prayer therein to restrain the opposite parties from coming upon the suit land. The Subdivisional Magistrate initially passed an order restraining both parties to enter upon the suit land and directed them to file their respective written statements. On 24-10-1993, the proceeding was





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