SHYAM KHATUA Vs. BISWANATH PANDA

JUDGEMENT

(1.) THIS revision has been filed challenging the order dated 8.8.2000 passed by the Sub -divisional Magistrate, Jajpur, in a proceeding under Section 133 of the Code of Criminal Procedure directing the Tahsildar, Sukinda, to remove the earth deposited on the disputed plot Nos. 851 and 843 of village Asangaria and remove the encroachers.

(2.) FROM the impugned order it appears that the proceeding under Section 133, Cr. P.C. was initiated on the basis of a petition filed by the opposite party Biswanath Panda alleging obstruction of a water channel by the present petitioners. On perusal of the report submitted by the Officer -in -charge of Korai P.S., a conditional order was passed directing the present petitioners to remove the obstruction made by them over the water channel which was alleged to have been filled up with earth on plot No. 851 as well as plot No. 843 and the present petitioners were directed to appear and file their objection, if any. The petitioners filed their objection stating that the water channel in question in due course of time lost its nature and character of a water channel and became so narrow that no excess water from the tank could pass through the said channel and the channel running on plot No. 851 was practically of no use. In their objection they further stated that Plot No. 843 is the adjacent plot which is a private land and has no communal character. They also denied the allegation that they had created obstruction by filling earth in the so called water channel. The learned Sub -divisional Magistrate on perusal of the police report and documents was of the view that a water channel was existing on the said plots and the present petitioners having obstructed the same by filling earth, such obstruction is liable to be removed.

(3.) SHRI S. K. Das, learned counsel appearing for the opposite party, submitted that the learned Sub -divisional Magistrate while passing the order had taken into consideration the report submitted by the Officer -in -charge of Korai P.S. and also looked into the relevant records and was satisfied that a water channel was existing on the said plots and obstruction has been created by the second party members by filling earth.