RANI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 7.1.2003 passed by Additional Sessions Judge, Fast Track, Court No. 1, Moradabad in Criminal Revision No. 183 of 2002 (Holi Committee and Ors. v. State of U. P. and Ors.), whereby the revision has been allowed and order dated 26.6.2002 passed by the District Magistrate, Moradabad in Case No. 428 of 2002 (Holi Committee v. Smt. Rani Devi) has been set aside.

(2.) I have heard Shri T. A. Khan, learned Counsel for the revisionist, learned A.G.A. for Respondent No. 1 and Shri R. B. Trivedi, learned Counsel for Respondent No. 2 on this revision and perused the record.

(3.) It transpires from the record that Respondent No. 2 Holi Committee, Mohalla Paith Etwar, Sarai Tarin, Sambhal, District Moradabad, moved an application to District Magistrate, Moradabad on 8.9.2000 with prayer to direct the police of P.S. Hayat Nagar to restrain the revisionist from raising construction over the public property as detailed in the application. It was alleged that the land in dispute had always been used for celebration of Holi Dahan, Janamasthmi and Ram Naumi and thus it was public land in respect of which Case No. 77/11 of 1974 (Shyam Saran v. Shalar Jahan Begum) was instituted in the court of Sub-Divisional Magistrate, Sambhal, on the basis of police report dated 24.3.1967, in which an order dated 7.8.1975 was passed under Section 145, Code of the Criminal Procedure The opposite party Smt. Rani Devi tried to raise illegal construction over the same on 28.8.2000 which was stopped by the then District Magistrate, Smt. Rani Devi produced the sale deed dated 25.5.2000 executed by Hafiz Fariduddin on the basis of which the Additional District Magistrate, Sambhal allowed her to raise construction over part of disputed land, against which Civil Misc. Writ Petition No. 46189 of 2000 was instituted in this Court for removal of nuisance from public land.