RAMESHWAR SINGH Vs. A N CHOUBEY

JUDGEMENT

(1.) This rule was issued upon an application filed by Rameshwar Singh praying that a notice may he issued upon the opposite party No. 1, Mr. A. N. Choubey, the Second Officer of Jamui, in the district of Monghyr, to show cause why he should not be punished for contempt of this Court and further praying that notice may be issued upon the Second Officer as well as upon Mr. Bhola Rai, Sub Inspector of Police of Sikandra Police Station, directing them to restore a well situated in plot No. 3939 in village Kaiyar, Police Station Sikandra, to the condition in which it was prior to its having been filled up.

(2.) The circumstances may be shortly stated as follows.

(3.) There was a proceeding under Section 133, Criminal P. C., between one Misri Singh and others and Maheshwar Pathak and others in respect of a pucca well on a public road. The then Second Officer of Jamui, Mr. P. N. Sen, on 15-7-1952 made an order that the alleged encroachment should be removed by filling up the well. As against that order an application in revision was filed in this Court and it was dismissed on 12-11-1953.