KHARAITI LAL Vs. STATE

JUDGEMENT

(1.) A complaint by the Sub-Divisional Engineer Ambala, was made under Section 139 of the Code of Criminal Procedure against Kharaiti Lal, Vice-President of the Municipal Committee, Shahabad. It was stated by the Sub-Divisional Engineer in this complaint that Kharaiti Lal had constructed a building on the G.T. Road which is a public place besides being Government property. A notice was issued at first to Kharaiti Lal on 18th July, 1965, to desist from further construction as it constituted an encroachment on Government property. Not having complied with this notice, the Sub-Divisional Engineer felt obliged to issue a second notice on 28th July, 1965. Kharaiti Lal not having complied even with the second notice a complaint was filed in the Court of a Sun-Divisional Magistrate, Thansar on 4th August, 1965.

(2.) In the complaint it was averred that the demarcation had been made at the spot by the Naib Tehsildar Thanesar and it was found that the construction was being made by the Vice-President on Government property. On receipt of this complaint the Magistrate issued notice to Kharaiti Lal to show cause by 12th August 1965. Kharaiti Lal denied the public right of the Government over the land and he was directed to produce evidence on 27th August, 1965.

(3.) It having been found by the Magistrate that Kharaiti Lal had not produced reliable evidence to support his denial of a public right in respect of a portion of the G.T. Road, it was directed by him on 26th October, 1965. From this order Kharaiti Lal preferred a revision petition to the District Magistrate, Karnal, who having declined to entertain it he has now come to this Court in further revision.