This is a case under section 145, Cr.P.C. Relying on the case of Shah Muhammad v. Haq Nawaz and another PLD 1970 SC 470 the learned counsel for the petitioner argued that the possession of the property in dispute having been regulated by the learned Single Judge of High Court by his order, dated 5-1-1985, the order of attachment of the same property by another learned Single Judge of the same High Court passed subsequently on 27-1-1985, was not justified. He, therefore, prays that possession of the property in question should be restored to the petitioner.
2. Learned counsel for the respondent, on the other hand, points out that two matters namely "Civil Revision" and "Criminal Revision" arising out of proceedings under section 145, Cr.P.C. Have been ordered to be heard together, therefore, no order should be passed at this stage against an interim order passed by the High Court.
3. After having considered the matter I feel that the judgment in the case of Shah Muhammad (supra) would govern the situation. It is, however, open to the High Court to apply its independent mind to the two matters and give an independent decision. The interim order, dated 27-1-1985 is suspended and the property in dispute if attached by the Tehsildar, should be restored to the person from whom the possession was taken. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.