LAL CHAND Vs. GANESH DASS

JUDGEMENT

(1.) THIS is a revision petition against the order dated November 17, 1980 passed by the Sub Divisional Magistrate Ballabgarh.

(2.) THE brief facts, leading to this petition are that the present petitioner Lal Chand had filed an application under section 133 of the Code of Criminal Procedure, 1973 in the said Court. In that application he had stated that there was an 8 feet wide thorough-fare on the Northern side of his Haveli, and the respondents had blocked it by constructing a new wall. Vide impugned order, the Sub Divisional Magistrate after making an enquiry, held that there was no thoroughfare, as alleged by the petitioner.

(3.) THE other ground has also force. The order of the learned Magistrate clearly shows that he had examined the record produced by the representative of the Tehsildar (Sales), Gurgaon and held that on seeing those records, it was proved that there was no thoroughfare towards North of the applicant's Haveli. The petitioner was not given any chance to examine those records or to show from those records of his contention was correct. If there was any reliable document in that record, the learned Magistrate ought to have got it proved on the file and should have afforded another opportunity to the petitioner to lead evidence to rebut the same.