Jmuna Prasad Singh And Others v. Mohan Koeri And Others Opposite Party.

Das, J.:— This application is directed against an order passel by the Sub-divisional Officer of Gaya on the 21st of July, by which he settled the disputed land with the first party for the purpose of cultivation.

2. It appears that consequent on a police report, dated the 23rd June last, an order under section 144 was pissed by the Sub-divisional Officer on the 29th of June, prohibiting both parties from going upon 60 bight of land. On cause being shown, on the 14th of July, the order under section 144 was discharged and he directed proceedings to be drawn up under section 145 of the Cr PC.

3. On the same day he directed the attachment of the land and subsequently, on the 21st July he passed the order which is challenged in this Court.

4. Now it appears that no proceedings were as a matter of fact drawn up. That being so, there was clearly no power in the learned Sub-divisional Officer to direct the attachment of the land.

5. The land could not be attached in law and, therefore, he had no jurisdiction whatever to settle the land with the first party for the purpose of cultivation. The application succeeds and the orders passed by the learned Sub-divisional Officer must be set aside.

6. Rule made absolute.