BANWARI LAL Vs. KANWAR LAL

JUDGEMENT

(1.) THIS petition for revision of the order dated 31-10-1990 of Shri N. L. Bhawaria, Sub-Divisional Magistrate, Rewari has arisen in the following circumstances :-

(2.) RESPONDENTS filed an application under Section 133 Criminal Procedure Code, stating that the petitioners have encroached upon a thorough fare which was being used by the respondents as a path to their houses. The learned Magistrate issued notice to the petitioners who appeared before him but later on absented from the proceedings. Ex-parte proceedings were taken on 12-4-1990 against the petitioners. Shiv Lal son of Kanhya Lal and Durga Prashad son of Samma Singh, Ex-Sarpanch appeared as witnesses of the respondents and stated that they knew the parties and they had also seen the old house of the respondents. They further stated that Banwari Lal and Guggan sons of Dilsukh have constructed chappars without lawful authority two years ago and by raising chappars they have obstructed the path and on account of this the respondents have no access to their old house as the path has been blocked.

(3.) THE only point raised by Mr. B. S. Randhawa, Advocate, learned counsel for the petitioner before me was that the encroachment was an old one, having existed at least two years before filing the application under Section 133, Criminal Procedure Code, and the provisions Section 133, Criminal Procedure Code, could not be pressed into service for vacating it, their operation being limited to cases emergency or, in any case, urgency. After going through the material on record, I am of the opinion that the point is well taken. Both the PWs. have started on oath that Banwari Lal and Guggan sons of Dilsukh have constructed chappars without lawful authority since two years ago, and by raising chappars they have obstructed the path. It is thus clear that the encroachment complained of was of more than two years ago by the time of proceedings before the learned Magistrate were initiated.