RATNESWAR GOGOI Vs. MADHAB GOSWAMI

JUDGEMENT

(1.) Heard Mr. P.D. Gogoi, Learned Counsel for the Petitioner. None appears for the Respondent despite service of notice.

(2.) This revision petition is directed against the order, dated 28.8.2003, passed by the Executive Magistrate, Guwahati, in Case No. 43m/1996, under Section 145/146, Cr.PC.

(3.) Facts, leading to filing of this revision petition, reveals that the Executive Magistrate, Guwahati, initiated a proceeding under Section 145, Cr.PC on 1.2.1996, on the basis of the petition, filed by Sri Madhab Goswami (respondent herein), supported by an affidavit, wherein it was stated that the Respondent was the owner and possessor of a plot of land, measuring 1 Khata, 10 Leches, covered by Dag No. 56, K.P. Patta No. 23 of village No. 1, Hengrabari Non-K, in Mouja Beltola. It was stated in the petition that the Respondent had purchased the aforesaid plot of land from one Sri Madan Kalita of Ranibari, Panbazar, by a registered Sale Deed, bearing No. 938, Sl. 798, dated 31.12.1985, and accordingly, the name of the Respondent was also mutated on 18.11.1987, against the plot of land in question, and since then, the Respondent was enjoying possession of the land by regularly paying the land revenue.