LAWS(UTN)-2005-4-38

ZILA PANCHAYAT, UTTARKASHI Vs. STATE OF UTTARANCHAL

Decided On April 05, 2005
Zila Panchayat, Uttarkashi Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) THIS petition u/s 482 Cr.P.C. has been filed by Zila Panchayat, Uttarkashi for quashing the proceedings in criminal case no. 115 0f 2003 Smt. Vimla Devi Vs. Zila Panchayat, Uttarkashi pending before the court of Special Judicial Magistrate, Uttarkashi.

(2.) BRIEF facts of the case are that one Vimla Devi filed a civil suit against the Zila Panchayat, Uttarkashi in the year 1984 which was numbered as 34 of 1984 and Smt. Vimla Devi won the suit vide judgment and order dated 12 -09 -1985.

(3.) DURING the pendency of that suit, Zila Panchayat, Uttarkashi constructed a building over the land in question. Therefore, during the execution proceedings, possession of the building in question including the land was handed over to Smt. Vimla Devi on 08 -11 -1985 thereafter Smt. Vimia Devi gave that accommodation to some of her tenants.