HARMOD SINGH Vs. RAM SANKAR

JUDGEMENT

(1.) Having heard on the delay condonation application (CRMA 8/2013) and restoration application (MCRC 1023/2012), the same are allowed. Delay in filing the restoration application is condoned. Order dated 8.8.2012, passed by this Court, is recalled. Petition is restored to its original number.

(2.) Heard learned Counsel for the parties on the merits of the case. Also perused the papers on record.

(3.) Having considered the pros and cons of the case, it appears that Mr. Ram Sankar Singh, belongs to Scheduled Caste community and is resident of village Lauka, and the accused persons, are upper caste persons and residents of village Pandri. Both these villages are adjacent to each other and fall under the territorial jurisdiction of same Police Station Sitarganj, District Udham Singh Nagar. The genesis of the entire controversy between the parties is some piece of agricultural land bearing Khasra No. 44/1 and 44/2 ad measuring 0.235 hectare situated in village Pandri. This land was allegedly in occupation of the accused persons including the present applicants for the last five decades and it was allotted by the local administration, at the instance of State Government, in favour of as many as 24 persons belonging to Scheduled Caste. Out of these 24 persons, one is Mahgi Prasad, father of the complainant.