1. ' The above matter has been fixed today for hearing of the above two applications and orders on three of them but by consent of the learned Advocate for the applicants and respondents Nos. 3 & 5 as well a State counsel, I have taken up the hearing of the above main application, as prima facie the order Annexure C/3, on the basis of which the above application has been filed, was not passed under the provision of section 145, Cr. P. C.
2. The Mukhtiarkar, Tando Adam was present in Court today on contempt application notices. I have examined the learned Mukhtiarkar and permitted the learned advocate for the applicants as well as respondents to cross-examine him. The learned Mukhtiarkar in his statement has stated that he has attached the lands in question on the basis of Annexure C/3 and not under any proceedings initiated under the provisions of section 145, Cr. P. C. In view of this I called upon the learned Advocate for the applicants to show me how the above application was maintainable, when no proceedings under section 145, Cr. P. C. Are pending nor any orders thereunder have been passed for the attachment of the lands in question. The learned Advocate for the applicants was unable to point out anything on record in this connection. He, however, submitted that the proceedings taken by the learned Mukhtiarkar, Tando Adam could only be under section 145, Cr. P.
2. C., as he could not attach the properties in question under any law in his opinion, specially, when the applicants had obtained stay order in the tenancy appeal filed by them. I see no force in this contention of the learned Advocate for the applicants, to say the least the applicants have suppressed the true facts from this Court in the above application and have obtained the orders for admission of the above application on a representation, that proceedings under section 145, Cr.
3. P. C. Were pending against them, in which the lands in question have been attached. It is clear from the deposition of the learned Mukhtiarkar, Tando Adam, that no such proceedings are pending and the action taken by him is not under section 145, Cr. P. C. Therefore, I dismiss the above application and award cost of Rs, 2,000 to respondents Nos. 2 to 5 at the rate of Rs, 500 for each respondent. The applicants shall deposit this cost in this Court, within one month from today.
4. C. M. A-1232/82.-In view of the above order passed by me, this application has become infructuous and as such it is dismissed. C. M. A-1316/81.-I see no force in this application, as the proceedings initiated before this Court were based on misrepresentation of true facts and further more the orders of this Court related to the orders passed under section 145, Cr. P. C. And not in respect of annexure C/3. In view of this, in my opinion the contemners have committed no contempt of the orders of this Court and as such I withdraw the notices issued to them and dismiss the above application. The Mukhtiarkar and Supervising Tapedar are present in Court in response to the contempt notices and as such while dismissing the above application, I award cost of Rs, 500 to each one of them. C. M. A-1303/81.-Since I have dismissed the main application this application has become infructuous and as such it is dismissed. C. M. A-1304/81.-The learned Advocate for the respondent No, 3 does not press the above application at this stage, when I have dismissed the main application of the applicants and as such the same is dismissed as withdrawn. C. M. A- 1305181.-The learned Advocate for the respondent No, 3 does not press the above application at this stage, when I have dismissed the main application of the applicants and as such the same is dismissed as withdrawn.