BABU SAHEB RAUT Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner, being aggrieved by the order dated 20.7.2012 passed in M.R. Case No. 118 of 2011 by the learned Sub-Divisional Magistrate, Sadar, Madhubani, in purported exercise of his powers under Section 133 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), directing him to remove by 6.8.2012 his building and other structures from allegedly encroached portion of Plot No. 84, a public road, situate in Mohalla-Tilak Chowk in Madhubani Town, has preferred the present revision application under Sections 397 and 401 Cr.P.C. before this Court, questioning the correctness, legality and propriety of the impugned order. From the pleadings of the parties, it appears that the opposite party no. 4, namely, Birendra Raut filed a petition before the learned Sub-Divisional Magistrate, Sadar, Madhubani, with a prayer to initiate a proceeding under Section 133 Cr.P.C. for removal of alleged encroachment from the Government land made by the present petitioner. It was claimed that the petitioner has made encroachment over the Government land adjacent to public road to the extent of 15 feet from southern side, and by constructing 8 shops thereon, he has let out the same and is earning huge money per month towards rent. On the basis of the aforesaid petition, notice was issued to the petitioner on 3.12.2010 (Annexure-2) asking him to show cause as to why steps be not taken for removal of encroachment from the public land. The petitioner claims to have filed his show cause oh 28.1.2011 (Annexure-3) denying the allegation of any encroachment made by him on any public road or Govt. land.

(2.) It appears that on the basis of materials produced, by the opposite party no. 4 and after considering the show cause filed on behalf of the petitioner, the learned Magistrate decided to initiate a proceeding under Section 133 Cr.P.C. with respect to the lands bearing Khasra Nos. 83 and 84 situate at Mohalla-Tilak Chowk, Ward No. 8 in the Town of Madhubani. In the aforesaid proceeding under Section 133 Cr.P.C., opposite party no. 4 was the first party, whereas the present petitioner was made 2nd party.

(3.) By an order dated 31.3.2011, the learned Sub-Divisional Magistrate, Sadar, Madhubani, issued a conditional order in terms of Section 133(1) Cr.P.C. directing the petitioner to remove nuisance from the aforesaid land of Khasra Nos. 83 and 84 and he was asked to show cause on 16.4.2011 as to why the rule should not be made absolute. The notice dated 31.3.2011 issued by the learned Sub-Divisional Magistrate, Sadar, Madhubani, has been brought on record as Annexure-4.