SUSHIL RANJAN NATH Vs. SATYABRATA DEY

JUDGEMENT

(1.) Heard Mr. B.R. Dey, learned counsel for petitioners and Mr. P.K. Roy Choudhary, learned counsel for opposite parties.

(2.) This revision petition is directed against the judgment and order dated 2-4-1997 passed by the learned Sessions Judge, Kamrup, Guwahati in CR No. 11/97 setting aside the order of the Executive Magistrate in Case No. 230m/95 under Section 133, Cr.P.C. whereby the learned Magistrate passed order for removing a portion of 6 feet wall for public path measuring 10 ft. from North to South.

(3.) The facts leading to filing this revision petition may be stated as follows: The present petitioners filed a petition before Deputy Commissioner, Kamrup, Guwahati for removal of blockage in public road in patta No. 1 of Odalbakra FS Grants stating therein that by blocking the Bye Lane No. 2 of Green Wood Lane near the plot of S.B. Dey , great inconvenience has been caused to the residents of the locality. The police report was called for and by preliminary order dated 21 -6-1995 a proceeding under Section 133, Cr.P.C. was drawn up and a conditional order was passed. The opposite party contested the proceeding and disputed the claim of public parth and denied the existance of public right. While the matter was pending at that stage, the petitioners filed an application for passing necessary order under S. 142, Cr.P.C.