(1.) Shambhu Choudhary 2nd party petitioner has filed this revision against the order dated 12-9-1989 passed by the learned Executive Magistrate, Danapur who had ordered the 2nd party, Shambhu Choudhary, Ramesh Chaudhari Birbal Mian and Ayub Mian to remove the obstruction caused by them by constructing rooms on plot No. 493 which the 1st party claimed to be a chat (flank) of the District Board Road (Zila Parishad Read) which runs from north to south.
(2.) It appears that on 3-4-1988, an application had been filed by Rajendra Prasad, 1st party before the Anchal Adhikari for removing the encroachments on the said chat. Later on, on 1-6-1988, he filed petition under Section 133 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') saying that his house stands on plot No. 488 and Niksar (exit) of the petitioner's house is towards the south-west. The chat on the Zila Parishad Road running north to south is being used not only by the petitioner but also by the villagers as Rasta for going to the Zila Parishad Road. The 2nd party Shambhu Choudhary has constructed a shop in front of the house of the 1st party obstructing the Rasta by encroaching upon the road also. When the 2nd party was requested against such high-handness he got energy and chased the 1st party to assault and so, the petitioner had filed that petition under Section 133 of the Code.
(3.) On this application, the same day the learned Executive Magistrate called for a report from the Anchal Adhikari, Naubatpur fixing 27-6-1988. In the meantime, show cause was also asked for from Shambhu Chaudhary and another, the second party in that proceeding. After several dates, the 2nd party appeared on 12-7-1988. He filed show cause on 11-8-1988 denying any obstruction, and said that Shambhu Choudhary (petitioner) is the son of Mostt. Daulati Devi, sister of Kishan Choudhary who was in possession of the land in question. She in order to avoid any further complication, applied to the District Board authorities to settle the with her on which the authorities of the Zila Parishad directed a Junior Engineer of its department to made an enquiry who, on enquiry, reported that there will be no obstruction in coming and going to the public on road. On the basis of the said report (Annexure 1). Zila Parishad settled the plot of land measuring 25'X10 with Mosstt. Daulati Devi at the rate of 33 paise per sq. ft. per month and issued a settlement letter (Annexure-2). It was after the settlement that she made construction over the land containing three rooms and left the portion of the land towards west of the rooms to be used as passage and is living there since its construction. It was also said that the Zila Parishad was not impleaded as a party and so any order or direction against Zila Parishad was not binding.
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