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1986 Supreme(P&H) 321

PRITPAL SINGH
Gram Panchayat, Garh Sarnai – Appellant
Versus
S. D. M. , Panipat – Respondent


Judgment

1. There is a land dispute between the petitioner Gram Panchayat and respondents Nos. 2 to 7. Regarding this land the respondents filed three separate suits against the petitioner on Feb. 27, 1986. Temporary injunction applications were also filed in the suits upon which the trial Court issued ad interim injunction restraining the present petitioner from interfering with the possession of respondents Nos. 2 to 7 during the pendency of the suits. This order was passed on March 27, 1986. Thereafter on April 10, 1986, the respondents Nos. 2 to 7 initiated proceedings under S.145 of the Code of Criminal Procedure (hereinafter called the Code) against the petitioner regarding the same land. The Sub-Divisional Magistrate, Panipat, issued notices to the parties to appear before him and to file their respective claims. Simultaneously, under S.146 of the Code the disputed land was attached and Naib Tehsildar, Panipat, was appointed as the Receiver. The petitioner Gram Panchayat has sought the quashing of the proceedings taken by the Sub-Divisional Magistrate, Panipat, under Ss.145 and 146 of the Code.

2. It is held by the Supreme Court in Ram Sumer Puri Mahant V/s. State of U. P., (



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