BISWANATH MOHANTY Vs. KAILASH CH. MOHANTY

JUDGEMENT

(1.) The petitioners, who are the first party members, in a proceeding under Section 147, Cr.P.C., have filed this application assailing the order dated 6.1.2011 passed by the learned Ad hoc Addl. District & Sessions Judge, Jajpur in Criminal Revision No. 57 of 2009 setting aside the order dated 16.10.2009 passed by the Executive Magistrate, Jajpur in Crl.Misc. Case No. 272 of 2008.

(2.) The fact of the case is that the first party members, petitioners herein, are using the disputed land as passage "Gharoi Rasta"and the same is being used since their forefathers because they belong to one family. The details of the case land is as follows:

(3.) To the above facts and circumstances, since the 2nd party members- opposite parties created disturbances to the ingress and egress of the petitioners and using the suit land as "Gharoi Rasta", apprehending breach of peace, the first party members, petitioners herein, filed an application before the Executive Magistrate, Jajpur, which was registered as Crl.Misc. Case No. 282 of 2008 under Section 147, Cr.P.C. on the basis of the report of the Tahasildar, the 2nd party members were directed not to obstruct the passage used as "rasta" by the first party members- petitioners, until further orders. Learned Executive Magistrate after hearing both the parties by order dated 16.10.2009 directed the 2nd party members to remove the obstruction (cow shed) from the common passage used as "Gharoi Rasta" for better convenience of both the parties within seven days from the date of issue of order, failing which the Tahasildar, Jajpur will remove the obstruction from the common passage with help of local police and realize the cost of such removal from the opposite parties as arrear land revenue.