Akbar Ali And ORS. v. Asma Parvin And ORS.

06.09.2021 rrc CRR 1690 of 2021 In re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Akbar Ali & Ors.

..... petitioners Md. Habibur Rahman ....For the petitioners The petitioners are aggrieved by an order dated July 8, 2021, passed by the learned Executive Magistrate, Raiganj, Uttar Dinajpur, in connection with a petition filed under Sections 144/145 of the Code of Criminal Procedure, 1973 filed by the opposite parties.

By the order impugned, the learned Executive Magistrate directed to demarcate the suit plots by the concerned BL & LRO and the relevant Officer-in-Charge of the Police Station was directed to ensure peace and tranquility in the locality. The next date was fixed on September 2, 2021 for appearance of the petitioners.

The order impugned is interim in nature.

I am not inclined to interfere with the said order at this stage as no adverse order has been passed by the learned Magistrate against the petitioners. The learned Magistrate in the Court below will decide the case after hearing the petitioners on the next date of hearing.

It is clarified that in deciding the said application, the learned Magistrate shall not decide the right, title and interest of the parties over the disputed land as the said issues can only be decided by a competent civil Court.

With the aforesaid observations, the revisional application being CRR 1690 of 2021 is disposed of.

All parties shall act upon the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)