PRATAP Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against order dated 13-4-1981 passed by Sri L. N. Rai, learned III Addl. Dist. & Sessions Judge, Budaun in criminal revision No. 83 of 1980 by which he allowed the revision and made conditional order dated 30-3-1978 absolute. Revisionists, who were respondents 1 and 3, were directed to remove obstruction made by them on public passage within 15 days failing which obstruction was to be got removed by Magistrate from public passage shown by letters ABCD in the site plan dated 8-3-78 prepared by the Naib Tahsildar.

(2.) It appears that these proceedings were initiated on the application of one Rameshwar Dayal dated 27-6-75 in the Court of S. D. M. Budaun by which it was urged that respondents Pratap and Nathu, who are father and son, obstructed public passage by constructing a platform and a wall thereon. There existed a public passage in the west of his house running from the road towards West in the abadi of the village Sakari Jangal, police station Ujhani district Budaun. This passage was used by inhabitants of the village for going to the roads and to the fields and for fetching water from the well adjoining the road. It was 7 feet wide and about 50 yards long. The respondents, who are revisionists now, about 14/15 days prior to this application started obstruction to the passage despite protests of the villagers. So, there was a prayer to gel the obstruction removed.

(3.) On this application learned S.D.M. invited report from S. O. Ujhani, who supported the contention of applicant. A conditional order was drawn by learned S.D.M. on 14-7-75 directing respondents (revisionists) to remove obstruction from public passage or to show cause as to why the above order be not made absolute. Aforesaid conditional order was served upon the revisionists, who appeared before learned S.D.M. and denied existence of public right. They also denied existence of public passage at the place where they raised construction. They also filed written statement in support of their denial.