RAMCHAND MANJUNATH PRABHU Vs. ATMARAM GOPAL GAIKWAD

JUDGEMENT

(1.) This is an application for revision under section 482 of the Code of Criminal Procedure against an order passed by the Executive Magistrate, Greater Bombay dismissing the application filed by the petitioner under section 145 of the Code of Criminal Procedure on the ground that he had no jurisdiction to entertain the application.

(2.) Dispute arose between the petitioner and the first five respondents regarding the possession of Shop No. 1, situate at Sitaram Upadhyaya Chawl, Hariyali Village, Vikhroli, Bombay. Suits were filed by either sides and even a report was made to the Police by the petitioner regarding breaking open a lock of the suit premises and a case of house breaking was registered by the police against the respondents Nos. 1 and 2. The trial was going on before a Magistrate. The petitioner also approached Executive Magistrate on 8th November, 1976 under section 145 of the Code of Criminal Procedure. The Executive Magistrate drew up a preliminary order under section 145(i) of the Code of Criminal Procedure and directed the parties to adduce evidence in support of their contentions. The first five respondents appeared and filed their written statement.

(3.) In the written statement, they raised an objection stating that the land on which the premises stood had been declared as vacant land under the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975, (hereinafter called as the "The Maharashtra Vacant Lands Act,"). They further stated that a certificate had been issued to them by the Assistant Estate Manager (Huts) (59) and in hut occupiers Card No. 120051, they have been declared as the occupiers of the hut. They further stated that in view of section 3 of the Maharashtra Vacant Lands Act, 1975 the Executive Magistrate has no jurisdiction to order eviction.