ROSHSWAN GOGOI Vs. BHABA HAZARIKA

JUDGEMENT

(1.) HEARD Mr. P.C. Gayan, learned counsel for the petitioner. None has appeared for the respondent although notices were duly served.

(2.) AT the instance of the petitioner before us, a proceeding under Section 145 Cr.P.C. in Misc. Case No. 339/93 was drawn up in respect of a plot of land measuring 1 bigha 3 kathas and 15 lechas of land situated at village Nawsaliagaon, under Charigaon Mouza covered by periodic patta No. 110 and Dag No. 1298 (hereinafter referred as the DL. The boundary of the DL was mentioned in the preliminary order passed by the court. The case of the petitioner is that he was in possession of the DL but he has been forcibly dispossessed by the respondent 2nd party on 20.8.1993. The respondent 2nd party contested the proceeding denying the claim of the petitioner and claimed that they are in possession of the DL for the last 35 years. On conclusion of the enquiry the learned trial Magistrate vide impugned order dated 5.4.1997 declared, that the petitioner 1st party is in possession of only 6 ft of land and the 66 ft of land is in possession of the 2nd party and accordingly decided and declared possession. Feeling aggrieved, the petitioner approached the Sessions - Judge, Jorhat in Criminal revision No. 11/97 and vide the impugned order the learned Sessions -Judge affirmed the order of the Executive Magistrate and dismissed the revision. Admittedly, this is a second revision and it is barred under Sub -clause 3 of Section 397 Cr.P.C. The petitioner has however approached this court for exercising jurisdiction under Section 482 Cr.P.C. stating, inter alia, that the decisions of the courts below are perverse.

(3.) IN view of what has been stated above, this revision is allowed. The impugned order passed by the Executive Magistrate and the Sessions Judge, Jorhat is hereby set aside and the matter is remitted back to the Executive Magistrate for fresh disposal in accordance with law.