@ HIGH COURT OF CHHATTISGARH AT BILASPUR. Cr.M.P. No. 10012011 . Mitthu Ram S/o Aajuram, aged about 46 years I ‘ . Aajuram S/ o Pachkod, aged about 72 years Both R/o Village Kunaa, Police Station ~ Navagarh, Distt. Durg (C.G.); PETITIONERS . VERSUS , 1. Nirmala Bai W/ o Rajkumar 2. Trivedi Bai W/o Mantram Both R/o village Kunaa, Police Station — Navagarh, Distt.—Durg. (C.G.). V Government of Chhattisgarh, Through —Police Station —Navagarh, Distt.—Durg (C.G.).' RESPONDENTS 1V, 3. PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973. (s3 :Hon’ble Mr. T.P.sharma, J.) i . Presenti—Shri Samir Singh, Advocate for the petitioners. Shri Rakesh Kumardha, Dy. G.A. for the State/respondent No. 3. Respondents N0. 1 & 2 not noticed. ORAL- ORDER (Passed on 25/02/201 1) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) petitioners have challenged the legality and propriety of the order dated 3/2/2011 passed by Additional Sessions Judge, Bemetara District Durg (C.G.) in criminal revision No. 25/ 10 affirming the order dated 29/ 10/ 1O passed by Sub Divisional Magistrate, Bemetara in Revenue case No. l /09 whereby learned Sub Divisional Magistrate, Bemetara has passed the order of attachment of the property in under Section2‘146r. (1) of the Code. Shri Samir Singh, Advocate for the petitioners 8L Shri Rakesh Kumar Jha, Dy. G.A. for the State/respondent No. 3 are heard. Learned counsel for the petitioners submits that present petitioners are in possession and both the Courts below have committed an illegality by passing the order of attachment and conferring such order and Courts below have not considered the factum of possession of petitioners. On the other hand, learned counsel for the State/respondent No. 3 opposed the petition. As per order impugned trial Court has fixed the case for recording evidence of the parties before providing an opportunity of hearing to the parties it is difficult for Sub DivisiOnal Magistrate, Bemetara to decide/declare possession of any party and in case of dispute relating to possession of the party and existence of' breach of peaCe it is obligatory to Executive Magistrate to save the property by passing attachment order. By passing the order impugned both the Courts below have not committed an illegality requiring any interference in exercise of extraordinary inherent jurisdiction. Consequently, petition is liable to be dismissed and is hereby dismissed. I.A. No. -01 is als dismissed. o Sdl- T.P. Shafma Jude g