ABHAY SINGH Vs. SHISH PAL SINGH

JUDGEMENT

(1.) THE petitioner has taken exception to the judgment dated 11.1.1996 passed by Additional Sessions Judge, Ambala, by which he has set aside the order passed by the Executive Magistrate under Section 133 of the Criminal Procedure Code against the respondent on the allegation that the respondent, by raising the wall on two sides of a public lane, had closed the lane, and thereby he has prevented the petitioner from using that lane for going to his land. In the petition it is indicated by him that the said lane was being used by the public for going for answering the natural call.

(2.) THE Sub-Divisional Magistrate visited the spot and made a note of spot inspection. He has also considered the location of the lane, and he arrived at the conclusion the lane in question is a public lane, and the respondent was not justified in obstructing it by raising the wall on both sides of the lane.

(3.) THE Sub Divisional Magistrate after taking into consideration the result of his spot inspection and the evidence collected concluded that the lane in question is a public lane and the respondent was not justified in closing that lane by raising wall on both ends of the lane. He, therefore, directed the respondent to remove unauthorized construction within 15 days failing which he would face penalty at the rate of Rs. 250/- per year. Against that order, dated 22.7.1991 the respondent preferred a revision before the Sessions Court. The Additional Sessions Jude was of the view that the lane in question was being used by the petitioner for approaching his land, and, therefore, it cannot be said to be a public lane. He further observed that since the present respondent had raised the dispute that the land in question is a property belonging to him, it was obligatory on the part of the Sub Divisional Officer to undertake an enquiry under Section 137 of the Criminal Procedure Code before taking any action under Section (sic) of the Criminal Procedure Code. He, therefore, allowed the revision and set aside the order passed by the Sub Divisional Magistrate, Ambala.