Ramkumar Lal vs Thakur Ojha

Adami, J.—This application is directed against an order of the learned Deputy Commissioner of Hazaribagh, stating that unless a civil suit has been instituted by a cartain date, the land which had bean attached in proceedings u/s 1-15 would be released from attachment and made over to the second party in the proceedings.

There was a dispute between the proprietors of two neighbouring villages as to the possession of certain forest and jungle lands, and, as a breath of the peace was likely, proceedings u/s 145 of the Criminal Procedure Code were drawn up. The result of those proceedings was that the disputed jungle and forest lands were attached: that was on the 13th June 1821. There is nothing on the record to show how the matter earns to the notice of the Deputy Commissioner, but, on the 27th January 1922, he directed that notices should issue to the parties to the effect that the property would be released from attachment and made over to the second party in accordance with the entry in the Settlement weird. It seems that the Deputy Commissioner found that neither party was going to the Civil Court for a determination of the dispute and he found that in the Survey and Settlement operations, there was a dispute as to this suns land under the provisions of Section 40 of the Bengal Survey-Act in the form of a village boundary dispute, and the As istant Superintendent of Sarveys found that toe land lay in the village of the second party. This decision had not been appealed against and the orders were made final u/s 62 of the Sarvey Act. It is on the fact of that decision that the Deputy Commission prooses to release the property from at attachment in favour of the stood party Now, I am afraid that the Deputy Commission t has no jurisdiction to piss the order he contemplates passing. It may be that the application has been made a little too early to the Court but it might just as will be dealt with at once to save further trouble. An order passed in proceedings u/s 145 cannot be upset by the Magistrate of a District; the remedy is to move this Court in revision or to go to the Civil Court for a decision of the claims of the parties. The proceedings u/s 145 were got taken by the Deputy Commissioner and even if he himself had originally passed the order for attachment, he would not be able to review his order in the manner in which he proposes to pass an order now. It is not necessary to say more than that. The notice issued by the Deputy Commissioner stating that, unless a civil suit be brought within a certain period, the lauds would be released from attachment, cannot stand and should be cancelled.