DEEPAN CHAKARWARTI Vs. AJAY SINGH

JUDGEMENT

(1.) The petitioner has filed present Cr.M.P assailing the order dated 1-2-2015 (Annexure A/1) passed by 4th Additional Sessions Judge, Ambikapur, District Sarguja (CG) in Criminal Revision No. 52 of 2015 whereby learned 4th Additional Sessions Judge, Ambikapur while dismissing the revision petition filed by the petitioner affirmed the order dated 18-6-2015 passed by the Sub Divisional Magistrate, Ambikapur District Sarguja in Misc. Criminal Case No. 103 of 2015. The learned Sub Divisional Magistrate, Ambikapur, District Sarguja has rejected the application filed by the petitioner under Sec. 145 of Cr.P.C. for restoration of possession of disputed land.

(2.) The brief facts as projected by the petitioner are that the petitioner has filed an application under Sec. 145 of Cr.P.C., contending that he is the owner of plot bearing khasra No.2836/02 ad-measuring 0.06 acres situated at Sadar Road, Agrasen Chowk, Ambikapur wherein he has constructed old house and on the northern side of the land owned by the petitioner, the land of respondents is situated. It has been contended by the petitioner that when the petitioner was out of station, the said structure on his land was illegally demolished by the respondents on over about 1 decimal of land and the respondents started raising illegal construction.

(3.) Being aggrieved by the act of the respondents, petitioner filed an application on 20-3-2015 before the Sub Divisional Magistrate, Ambikapur, District Sarguja which was registered as Misc. Criminal Case No. 103 of 2015, mainly contending that the petitioner is having title and possession of the land bearing Khasra No. 2836/02 admeasuring 0.06 acres, situated at Sadar Road Agraasen Chowk, Ambikapur wherein he has also constructed the old house in the north direction of his land wherein the land of the respondents also exists. The respondents have started demolishing the construction of the petitioner while petitioner was busy in the last rites of his younger brother. The respondents started raising illegal construction and when the petitioner came after performing the last rites of his younger brother and made an attempt to prevent the respondents, then the respondents started threatening him and also abused him. Because of the illegal possession done by the respondents and threaten given by them, there was tension near the vicinity which may likely to cause public hindrance, therefore, he has submitted a complaint before the Police Station on 19-3-2015 and the Police had advised him to approach concerned court, thereafter, he has filed the present application. In support of his application he also filed an affidavit and also filed an application for staying the construction work carried out by the respondents.