DAYA SHANKER PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the State.

(2.) THIS miscellaneous application is directed against the order dated 12.9.2001 passed in Criminal Revision No. 147/2000 by the learned Sessions Judge, Aurangabad dismissing the revision application and thereby affirming the order dated 7.6.2000 of the learned Sub -Divisional Magistrate, Aurangabad in Case No. 1580/99.

(3.) THE learned Magistrate started a proceeding between the parties, vide order dated 20.12.1999, and passed conditional order to remove the alleged encroachment of new construction on the land. Learned Magistrate further gave notice to the parties to appear and file show cause as to why aforementioned conditional order may not be confirmed. In response to the notice, second party appeared and the first party remained absent. After considering the documents and show cause filed by the parties, the learned Magistrate, vide order dated 7.6.2000, made above mentioned conditional order absolute and gave direction to the third party to remove encroachment and put -up fresh construction on the land to facilitate free flow of water from the thana premises through the said land. Being aggrieved by the said order, third party preferred the aforementioned Cr. Revision No. 147/2000, which has been dismissed by the impugned order, contained in Annexure 2.