1. SALAHUDDIN AHMED, J.-The petitioners have become aggrie--ved by the order of the learned Chief Justice of the Peshawar High Court setting aside the order of the Assistant Commissioner, Nowshera, attaching the property in dispute measuring 2166 kanals and 3 marlas situated in village Khuni Tehsil Nowshera.
2. The disputed land is comprised in Khata No. 28/66 and khasra Nos. 1 to 14 and 146 to 149. On the 29th June 1971, the petitioners instituted a civil suit against the respondents for the possession of 263 kanals of land comprised in khasra Nos. 1, 2 and 3. During the pendency of this suit the local police instituted a proceeding under section 145 of the Code of Criminal Procedure in the Court of the Extra Assistant Commissioner, Nowshera, in regard to these khasras and khasras Nos. 11 and 13.
3. The criminal proceedings were ultimately dismissed on the 8th of May 1972. The petitioners say that they went up in criminal revision before the Sessions Judge, Peshawar, from the order of dismissal and the revision is still pending. Curiously however, the petitioners sent an application to the Governor of N.-W. F. P. Complaining that the respondents were trying to forcibly occupy a large area of land comprised amongst others in khasra Nos. 1, 2, 3, 11 and 13 and, therefore, they should be bound down. This application was ultimately sent to the Assistant Commissioner, Nowshera, and he by the impugned order dated the 16th September 1972, attached the entire property consisting of 2166 kanals and 3 marlas including those in khasra Nos. 1, 2, 3, 11 and 13.
4. The learned counsel appearing on behalf of the petitioners has conceded that in view of the previous litigations concerning khasra Nos. 1, 2 and 3 and khasra Nos. 11 and 13, the attachment could not have been legally made in respect of these lands.
5. It is of interest to mention here that in their application to the Governor the information about the previous litigation was suppressed and they bad only asked for binding down the respon--dents.
6. The learned Assistant Commissioner, however, without following the usual procedure prescribed in section 145 of the Code of Criminal Procedure at once attached the entire properties without giving any reason whatsoever as to why he considered the case as one of emergency. Under this section only if the Magis--trate considers the case one of emergency he may at any time attach the subject of dispute pending his decision under this section. In the facts and circumstances of the case and upon the petitioners' own application to the Governor, the only action, a called for was to start a proceeding under section 107 of the Code of Criminal Procedure and not one under section 145 of the Code.
7. For the reasons stated above we do not think that any interference with the order of the learned Chief Justice is called for. The petition is accordingly dismissed.