DEVENDER KUMAR Vs. HARI RAM MEHTA

JUDGEMENT

(1.) The documents Annexures P-4 to P-7 attached with the criminal miscellaneous are taken on record subject to just exceptions. Criminal Miscellaneous stands disposed of. This petition has been filed against the order dated 11.1.2007 passed by the learned Sessions Judge, Narnaul, whereby the revision petition filed by the petitioner against the order dated 1.12.2003 passed by the learned Sub Divisional Magistrate, Mohindergarh, has been dismissed. Respondent No.1 Hari Ram Mehta filed an application under Section 133 Cr.P.C. for removing the encroachment in respect of the disputed plot. The learned Sub Divisional Magistrate, Mohindergarh, vide order dated 1.12.2003 found that plot No.27 is a chowk of the Municipal Crl.Misc. No.19459 of 2007 and Committee, Mohindergarh. The petitioner it was found had illegally encroached upon the said plot by putting bricks and building material. This was found to be causing nuisance to the residents of the mohalla and causing obstruction to the children playing there. Accordingly nuisance/encroachment was ordered to be removed and the conditional order earlier passed was confirmed. The said order of the learned Sub Divisional Magistrate, Mohindergarh, has been affirmed by the learned Sessions Judge, Narnaul, vide impugned order dated 11.1.2007. It was observed that there was over-whelming evidence in the shape of documents Ex. RA and RB showing the ownership of Municipal Committee, Mohindergarh. Accordingly, the order of the learned Sub Divisional Magistrate, was affirmed. The said order of the learned Sessions Judge, is assailed by way of the present revision petition.

(2.) Learned counsel for the petitioner has placed reliance on the documents Annexures P4, P5, P6 and P7 to contend that the site in dispute is not the ownership of Municipal Committee and wrong reliance has been placed on the documents Ex. RA and RB which have been appended as Annexure P4 and P5 with Crl. Misc. No.19459 of 2007. Besides learned counsel has referred to Vasant Manga Nikumba and others Vs. Baburao Bhikanna Naidu, 1995 Supp. (4) Supreme Court Cases 54, to contend that the proceedings under Section 133 Cr.P.C. is not intended to settle private disputes or a substitute to settle civil disputes. I have given my thoughtful consideration to the matter. The dispute in the present case though is primarily of a civil nature. A civil suit in respect of the dispute is already pending between the parties in respect of the claim as has been made in the present petition. The proceedings under Crl.Misc. No.19459 of 2007 and section 133 Cr.P.C. are summary in nature. Learned Courts below on appreciation of evidence and material on record found that there is encroachment in Khasra No.27 which is part of the municipal land. It has been observed that the said land was encroached upon by the petitioner. Reliance placed upon the documents Annexure P6 and P7 by the learned counsel for the petitioner does not in any manner show that the land which he claims is part of Khasra No.27 from which the encroachment has been ordered to be removed. In fact the details of the property as contained in the Conveyance Deed dated 14.5.1962 (Annexure P4) does not tally with the demarcation of the property as given in the application filed by the respondent No.1 for removal of the encroachment.

(3.) Be that as it may all these aspects would more appropriately be considered and gone into in the civil suit which is pending between the parties. The case law referred to above by learned counsel for the petitioner would not apply to the facts and circumstances of the present case as both the courts below on appreciation of evidence have found that there is encroachment on the part of the petitioner. In view of the fore-going discussion, there is no merit in the petition. The same is accordingly dismissed. However, nothing stated herein shall be construed as an expression on the merits of the case and the Civil Court will decide the matter on the basis of evidence and material as adduced before it in accordance with law.