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1988 Supreme(Ori) 161

S.C.MOHAPATRA
B. SIMANCHALAN – Appellant
Versus
BASANTA KUMAR BEBARTA – Respondent


Advocates Appeared:
J. Patnaik, H.M. Dhal and S.K. Patnaik, for the Appellant; Akhil Chandra Panda, for the Respondent

JUDGMENT :

S.C. Mohapatra, J. - Refusal to drop two proceedings u/s 145, Code of Criminal Procedure is assailed by the second party member in these two applications. As the parties are the same and point of dispute to be decided is the same in both the applications, they were hared together and are disposed of in this judgment.

2. On the basis of police report preliminary order was passed on 11-9-1986 in respect of 342 decimals out of 3 acres of land in plot No. 1144. Both the parties were directed not to enter upon the land. On 6-11-1986. the Revenue Inspector. Gurandi was appointed as receiver and was directed to sell the standing crop by auction. On 10-11-1986. in place of Revenue Inspector. Gurandi such officer of Garabandha was appointed' as receiver. Later, it was found that the area is 66 decimals which the Revenue Inspector took charge. Against the order dated 6-11-1986. Petitioner went in revision to the Sessions Judge but ultimately the same was dismissed. On 12-11-1986. first party filed an application for initiation of a proceeding in respect of 2 acres 28 decimals of land in plot No. 1144. On receipt of police report preliminary order was passed on 24-11-1986 and the Rev















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