IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.538 of 2007 SURENDRA SINGH @ SURENDRA KUMAR SINGH Versus STATE OF BIHAR & ORS ----------- 4. 8.8.2008. This Cr. Revision has been filed for setting aside the order dated 30.3.2007 passed by SDM, Sasaram in Case No. 1052 of 2006 thereby the disputed land has been attached under Section 146 (1) Cr.P.C. and Officer-in-charge, Shivsagar has been appointed as receiver. Heard learned counsel for the petitioner. No one appeared on behalf of opposite parties in spite of valid service of notice. The submission of learned counsel for the petitioner is that the order in question is bad and illegal. The order has been passed behind the back of the petitioner. On 28.3.2007 the petitioner was present and the case was adjourned to 9.4.2007. However, in the meantime in absence of the petitioner the date was recalled and the impugned order was passed on 30.3.2007. Considered the submission of learned counsel for the petitioner and also perused the true copy of the entire order-sheet. It appears that the last date fixed in the case was 28.3.2008. The case was adjourned to 9.4.2007 and on 30.3.2007 the impugned order under Section 146(1) Cr. P.C. was passed by the learned SDM. Apparently, the order is illegal, improper and bad in law. Accordingly, this Cr. Revision is allowed. Impugned order dated 30.3.2007 passed by SDM, Sasaram in Case No. 1052 of 2006 is set aside and the matter is remanded back to the Court below to decide the matter of attachment afresh after hearing both the parties. The matter must be decided within 30 days from the date of receipt of this order. kanchan/ (Ghanshyam Prasad, J.)