KALIPADA DAS Vs. KING

JUDGEMENT

(1.) This is a petition for revision of an order of Mr. U. N. Ghatak, Magistrate First Class, Ulubaria, dated 25th October 1948, whereby he made absolute an order Under Section 133, Criminal P.C. requiring the petitioner to remove the shed which he had constructed on a piece of khas mahal land.

(2.) The petitioner's case is that until about five years ago he had a shop near the Lock-gate at Ulubaria. As the Military authorities wanted to construct a bridge across the Ulubaria Canal, the petitioner's shop was removed to the present site, where he was permitted by Government Officers to construct a shed or a stall. For several years he hag since been carrying on business there without causing inconvenience to the public and he claims to have acquired some sort of tenancy right under the Irrigation Department.

(3.) On 31st March 1948, the Executive Engineer of Cossy Division wrote to the Sub-divisional Magistrate of Ulubaria to say that the petitioner had trespassed on Government khas mahal land by erecting the said stall. Acting upon this re. port the Sub-divisional Magistrate drew up proceedings against the petitioner Under Section 183 of the Code as stated above and thereafter transferred the matter to Mr. Ghatak for enquiry Under Section 139A of the said Code. In the meantime, the petitioner in showing case Under Section 135 had denied the existence of a public right to the land in question. The learned Magistrate Mr. U. N. Ghatak held his enquiry Under Section 139A and on hearing both parties made the said order Under Section 133 absolute.