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HomeHigh CourtRajasthan High Court - JodhpurMahaveer And Anr vs State And Ors on 9 April, 2025

Mahaveer And Anr vs State And Ors on 9 April, 2025


Order

Order Reserved On : 16/12/2024

Order Pronounced On : 09/04/2025

1. The instant criminal misc. petition under Section 482 of

Cr.P.C. has been preferred by the petitioners challenging the order

[2024:RJ-JD:53221] (2 of 8) [CRLMP-573/2015]

dated 23.02.2015 passed by the Additional Sessions Judge No.5,

Jodhpur Metropolitan, which upheld the earlier order dated

12.10.2012 passed by the Additional District Collector-cum-

Additional District Magistrate No.3, Jodhpur in proceedings under

Section 145 Cr.P.C.

2. Briefly stating the facts of the case are that the dispute

relates to plots No. 1 to 5 situated at Gram Suthla, Chopasani

Housing Board, Jodhpur, which the petitioners claim to have

purchased through registered sale deeds in 1982-83 and have

been in peaceful possession since then. A complaint under Section

145 Cr.P.C. was filed by the petitioner on 23.04.1988 following

threats and interference by respondents, and subsequently, the

ADM attached the disputed land and appointed a receiver. The

respondents, however, claim ownership on the basis of a 1974

receipt. Then, ADM later revoked the attachment and directed

possession to be handed over to the respondents, which was

affirmed by the Sessions Court, prompting the present petition.



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