C.R.R. No.290 of 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.R. No.290 of 2001 Date of Decision: 12.01.2011 Najibur Rehman ……Petitioner Versus Kasam and others ……Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. S.K. Chauhan, Advocate for Sh. Raj Mohan Singh, Advocate for the petitioner. None for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? AJAY TEWARI, J. (ORAL) This petition has been filed against the judgment and order dated 17.10.2000 passed by learned Additional Sessions Judge, Faridabad allowing the revision filed by the respondents and thereby setting aside the order passed by the Sub Divisional Magistrate, Hathin, District Faridabad dated 29.09.1999 attaching the C.R.R. No.290 of 2001 -2- land in dispute and appointing the Tehsildar, Hathin as Superdar of the land. Learned Additional Sessions Judge, Faridabad held that since there was a civil suit pending between the parties the intervention by the Magistrate under Section 145/146 Cr.P.C. was not justifiable. Learned counsel for the petitioner has vehemently argued that the order of the Sub Divisional Magistrate, Hathin is an interlocutory order and no revision is maintainable. Perusal of the order of Sub Divisional Magistrate, Hathin clearly reveals that even while appointing Tehsildar as receiver the matter had been adjourned for further inquiry for evidence. In the circumstances, the judgment of this Court in the matter of Manohar Lal v. Sheo Lal reported in 1998(4) R.C.R.(Criminal) 848 is clearly applicable in this case. In this judgment also it was held that similar order passed by S.D.M. was an interlocutory order and hence revision was not maintainable. None has appeared on behalf of the served respondents to counter this plea. Consequently, the petition is allowed. Order passed by the learned Additional Sessions Judge, Faridabad dated 17.10.2000 is set aside and the order passed by the Sub Divisional Magistrate, Hathin dated 29.09.1999 is revived. ( AJAY TEWARI ) January 12, 2011 JUDGE ashish