ASHA AGARWAL Vs. MOHAN SHARMA

JUDGEMENT

(1.) This is to consider an application under Section 482 of the Code of Criminal Procedure being aggrieved by an order dated 12.3.2003 passed by Sri Sukumar Chakraborty, Additional Sessions Judge, 4th Court, Midnapore in Criminal Revision No. 22 of 1994 affirming the order dated 31.8.1994 passed by Sri M. Murmu, Executive Magistrate, Midnapore in M.R Case No. 104 (S) of 1986 under Section 147 of Cr.P.C. directing the Dwaraka Prosad Agarwal (since deceased) to remove the illegal construction or to demolish the construction of brick wall and iron gate of the premises.

(2.) In short the petition is that R.S. Plot No. 868 of Mouza Kharagpur Khas Jungle measuring an area of 0.10 acre of land belonged to one Gorelala. On 7.7.1959 he sold 7 decimals out of 10 decimals of land to one Pyarelal and the rest 3 decimals of land was sold to Badami Devi on 25.1.62 Pyarelal purchased Badami's 3 decimals of land on 23.6.1964, thus, became the owner of 10 decimals of land and sold the same to the petitioner's predecessor-in-interest, Dwaraka Prosad Agarwal (since deceased) on 22.9.77. He mutated his name with the Municipal Authority, paid Municipal taxes and obtained a sanction plan from the office of Kharagpur Municipality and constructed a house thereon as per plan. The Opposite Party Nos. 1 to 7 having no right, title and interest in the said property forcibly occupied a small tin-shed room in a separate room. After purchase of the said land by Dwaraka Prosad Agarwal, the predecessor of the present petition had to fight against a title suit filed by the Opposite Party No. 1 before the learned Second Court of Munsif at Midnapore being Title No. 190 of 1977 which was dismissed on 6.7.1987. Dwaraka Prosad Agarwal filed a Title Suit No. 47 of 1980 before the learned Second Court of Munsif at Midnapore for declaration and recovery of khas possession and permanent injunction which was decreed on 18.8.1987 which is as follows:

(3.) The Opposite Party Nos. 1 to 7, however, filed an application before the learned Executive Magistrate, Midnapore, against Dwaraka Prosad Agarwal under Section 147 Cr. PC. in the year 1985 which was rejected by the learned Magistrate. A criminal revision was preferred against the said order and the learned 4th Additional Sessions Judge in Criminal Motion No. 134 of 1986 was pleased to direct the Court below to proceed afresh according to law. Thereafter, a proceeding under Section 147 Cr. P.C. has been drawn up by the learned Magistrate and registered as Misc. Case No. 104(s) of 1986 wherein Dwaraka Prosad Agarwal submitted a written statement.