SANKAR SAHA Vs. STATE OF TRIPURA AND ORS

JUDGEMENT

(1.) The writ petition has been filed assailing the legality and validity of the proceeding initiated by the Sub-Divisional Magistrate under Sec. 133 of the Crimial P.C.

(2.) The petitioner and the respondents No. 4 and 5 are closely related. The dispute relates to construction of a drain in the common pathway over the land duly partitioned among them and after the partition, the names of the co-shares were duly recorded in the Khatian. The common pathway was recorded as C.S. Plot No. 11787 pertaining to the said Khatian.

(3.) As per the statements made by the petitioner, the respondents No. 4 and 5, who are the full blood brothers, in the recent past became interested to have a drain in between their homestead and the homestead of the petitioner separated by the aforesaid common pathway. According to the petitioner, such a drain is not at all necessary in view of the existing municipal drains in the northern, southern and western side, sufficient for drainage.