JUDGMENT

M.N. Shukla, J. - This reference is directed against the order dated 12-4-1967 passed by the S.D.M., Faridpur, district Bareilly in the matter of the release of the disputed property from attachment in proceedings Under Section 145 Code of Criminal Procedure.

2. The facts giving rise to this reference are that the property which was the subject matter of those proceedings consisted of agricultural plots grove and some residential quarters situate in village Kareli, Tahsil and district Bareilly. The proceedings commenced on an application dated 8-6-1966 made by Sadiq Husain Applicant, the Up Pradhan of the Gram Samaj, Kareli. The allegations made by him were that the property belonged to H.W.M. Hearsey and his sister who left this country after independence and were said to have died heirless, that the property vested in the Gram Samaj and the Applicant became its owner in his capacity as Up Pradhan, that the opposite parties were determined to disturb his possession giving rise to grave apprehension of breach of peace and hence it was prayed that an order Under Section 145 Code of Criminal Procedure be passed. The application was accompanied by an affidavit with the result