NASIB SINGH Vs. AMAR SINGH

JUDGEMENT

(1.) AMAR Singh and his brother have come up in this petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 25th February, 1992 passed by the Sub-Divisional Magistrate, Ambala and the order dated 13th March, 1993 passed by the Additional Sessions Judge, Ambala in proceedings under Section 133 of the Code of Criminal Procedure.

(2.) THE proceedings under Section 133 of the Code of Criminal Procedure were initiated on the basis of an application moved by Nasib Singh and another, who claimed that an encroachment had been made by the present petitioners on the thoroughfare gair mumkin-share-am which is part of Khasra No. 62 and was situated adjoining Khasra Nos. 8, 15/2 and 26, which Khasra Nos. were owned by the petitioners. The learned Sub-Divisional Magistrate, Amabala, passed conditional order on 24.8.1990 and called upon the petitioners to file their objections to the making of the aforesaid order absolute.

(3.) BOTH the parties were then called upon to lead evidence on 22nd July, 1991. Before the evidence could be recorded, the parties agreed that the Tehsildar, Ambala be deputed for the spot inspection and to make a report as to whether there was any encroachment. However, the Tehsildar having failed to make a report till 5th February, 1992, the Sub-Divisional Magistrate, Ambala inspected the spot himself and after visiting the spot, he got the measurement done from the Kanungo and on that basis, he found that there was an encroachment. He, as such, made the order dated 24th August, 1990 as final.