BABU RAM Vs. S D M SHAHDARA

JUDGEMENT

(1.) In this petition under Sec. 482 of the Code of Criminal Procedure (for short the Code) prayer has been made by the petitioners for quashing the proceedings under Ss. 145/146 of the Code pending in the court of SDM Shahdara in respect of land measuring about 1000 sq. yds out of Khasra No. 13/4 in village Kotla, Shahdara.

(2.) In brief the facts leading to the filing of this petition are that Bharat Singh respondent No. 4 on his own behalf arid on behalf of Harijans of Village Kotia moved an application to the S.H.O., Police Station Trilok Puri slating therein that the disputed land was given to the Harijans for construction of Panchalyatghar and Badle and others have been trying to take forcible possession of this land. Arequest was made that Badle and others may be stopped from making any encroachment and to avoid any untoward incident. After enquiry a report was submitted by S.H.Q. P.S. Trilokpuri to the SDM Shahdara. It was, inter alia, stated that land bearing kharsa No. 13/4 was lying vacant in village Kotla and towards its North there was the house of Bharat Singh while towards South there were the rooms of Babu s/o Badle and towards West there was a gali and some houses. It was further stated that the Harijans have been claiming that this land was given to them for the construction of a religious place while Badle and others have been claiming to be in possession of the same and that there is a dispute between the parties. It was also stated therein that an apprehension of breach of peace was imminent.

(3.) Learned SDM after perusal of the report and the complaint of Bharat Singh and after due satisfaction passed an order under Sec. 145 of the Code on 28th February, 1989 and gave notice to the parties requiring them to put in their written statements and documentary proof as to the fact of actual possession of the disputed plot.