Code of Criminal Procedure, 1973–Sec. 145–Executive Magistrate passed the order in favour of party no. 1–Set aside by the Revisional Court–Justification–Observation of Executive Magistrate that after the decision of reference u/s. 82 of Rajasthan Land Revenue Act, the mutations in favour of party no. 2 were cancelled and the land has been mutated in favour of party no. 1–Judgment of Revenue Board has attained finality till High Court–The evidence of party no. 2 including the site report prepared at the time of taking possession by the receiver has been taken into consideration–Revisional Court weighed the evidence in its own way afresh which was not permissible–It has been wrongly held by the Revisional Court that the Executive Magistrate entered into adjudication of legal rights of the parties–It was swayed away by speedy proceedings–Further, declaring of partly no. 1 in the possession of land by the Executive Magistrate is not final adjudication of rights of the parties but it is always open for either of parties to approach the Civil Court for adjudication of the rights over the land in question–Impugned order passed by the Revisional Court is liable to be set aside.
