JAGAT RAM Vs. PARTAP CHAND

JUDGEMENT

(1.) BY means of this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, in short the ˜Code, the petitioner has challenged the order dated 29.10.2007 passed by learned Additional Sessions Judge (Fast Track Court) Dharamshala, in RBT No. 4 -P/2006, whereby he affirmed the final order of Sub Divisional Magistrate (SDM) Palampur purported to have been passed in the proceedings under Section 145 of the Code, whereby the petitioner herein was prohibited from stopping the flow of water for irrigation from his Khasra Number 39, to the fields of the respondent.

(2.) SUCCINCTLY , the facts giving rise to this petition are that the respondent in his application requested the S.D.M. to restore the irrigation facility stopped to his fields by the petitioner, which he was enjoying since his ancestors. The respondent did not mention the provision under which he had prepared his application/complaint nor he alleged any dispute which was likely to cause the breach of peace.

(3.) ON 16.6.2003, the Tehsildar visited the spot but Jagat Ram (petitioner) was not present, as such the Tehsildar endorsed and forwarded the report of field Kanungo to the S.D.M. wherein there was no reference of causing any breach of peace.