KRISHAN KUMAR GOENKA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. S. Jindal, learned counsel for the petitioners and Mr. P Yobin, learned counsel for the respondent No. 2. The State-respondent No.1 is represented by Mr. K. P. Bhattacharjee, learned GA.

(2.) Bereft of unnecessary details the facts of this case as could be gathered from the averments made in this petition and the annexures thereto would show that the case of the petitioners is that they are the owner and in possession in a plot of land situated at Keating road, Shillong being plot No.105 (I), which by virtue of a lease agreement issued by the Deputy Commissioner, East Khasi Hills, Shillong stands in the name of the petitioner No.1 and his deceased brother late Jagdish Prasad Goenka, who was the father of petitioner No.2 herein. The total area of the land is about 9146.53 sq. m.

(3.) The petitioners have been in possession of the land in all along without any let or hindrances. However, in the month of January, 2021 the petitioner No.2 received the notice dtd. 20/1/2021 issued by the Executive Magistrate, East Khasi Hills District Shillong under Sec. 145 Cr. P.C in connection with C.R Case No.1 (A) of 2021. The petitioner No.2 on receipt of the said notice enter appearance before the learned Executive Magistrate on 29/1/2021 and has also sought copies of the entire case record including the FIR dtd. 29/12/2020 said to have been lodged by the respondent No.2 herein on an allegation that the petitioners have encroached upon the land in question and have erected barricades thereupon.