AJAIB SINGH Vs. SANT SINGH

JUDGEMENT

(1.) THIS revision is directed against the order dated 29.10.1992 passed by the Additional Sessions Judge, Patiala, whereby the order dated 8.1.1992 passed by the Sub Divisional Magistrate thereby directing the respondents Sant Singh and Amar Kaur to remove the encroachment on the common path in village Kallar Bhaini, has been set aside and the application filed under section 133 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') by the present petitioners has been dismissed.

(2.) THE facts necessary for the disposal of this revision are that during consolidation proceedings in village Kallar Bhaini, Tehsil and District Patiala, a passage was left to the land of the petitioners comprised in Khasra No. 271/2, 268/2 and 267/2/2, but it was not found to be fit for use due to low lying area (Chappar). The petitioners moved the Settlement Officer for modification. The appeal was accepted vide order dated 4.10.1993 and the path was realigned after directing that some land be taken from the area of shamlat then the in possession of Gurdev Singh and some area of Smt. Amar Kaur for which she would be compensated by the area from the shamlat-deh. This path was incorporated in the revenue record and mutation was also sanctioned.

(3.) NOTICE was given to the respondents. Smt. Amar Kaur remained ex parte. Sant Singh respondent opposed the petition. Enquiry was not conducted through the Tehsildar. Thereafter a conditional order was passed. After taking evidence, the Sub Divisional Magistrate passed the order dated 8.1.1992 directing the respondents to remove the encroachment made by them upon the common path.