RAM SINGH Vs. STATE, THROUGH NAZUL, IMPROVEMENT TRUST

JUDGEMENT

(1.) This reference by the learned Additional Sessions Judge of Agra arises out of a proceeding under Sec. 133, Cr. P. C.. The Superintendent Government Gardens, Agra, made a report to the effect that, Ram Singh had made an encroachment on Government land in survey No. 317 in Agra Cantonment. The learned Magistrate issued notice to Ram Singh calling upon him to show cause why the encroachment should not be removed. After the enquiry the learned Magistrate passed on 25-5-1955 an order making the preliminary order absolute.

(2.) Against this order a revision application was filed by Ram Singh. The revision application was disposed of by the learned Additional Sessions Judge of Agra. He has made this reference recommending that, the learned Magistrate's order made under Sec. 133, Cr. P. C. should be set aside.

(3.) The Complainant produced before the court a number of witnesses to prove that, the land in dispute belongs to Government. After considering the oral and documentary evidence produced by the complainant the learned Magistrate came to the conclusion that, the plot in question is a roadside plot on river side. This view is also supported by the survey map filed by the complainant. We find the Jamuna Road marked as survey No. 316. The river itself has been marked as survey No. 318. Plot No. 317 is a narrow strip of land lying between Jamuna Road and the river. The learned Magistrate's view that this land belongs to Government appears to be correct.