OM PRAKASH Vs. SARJUG PRASAD

JUDGEMENT

(1.) This criminal revision by the petitioner, who was second party in the proceeding under section 147 of the Code of Criminal Procedure, the opposite party being the first party in the said proceeding, arises out of an order of the magistrate, dated 27.10.1977 passed in that proceeding by which he ordered, that the right of user of the rasta by Sarjug Prasad (opposite party) should not be denied to him in any way by putting any sort of obstruction in it until ordered otherwise by a competent court of law.

(2.) There is a plot no. 1574 in Ward no. 18 of Katihar Municipality. It is a big plot and undisputedly it contains 12 ft. wide rasta in a portion of it. This plot belonged to one Hardyal, it being his homestead raityati land. The petitioner Om Prakash purchased a portion of this plot from the heirs of Hardayal as also from the vendees of his heirs. Lastly, some time after the year 1973 Om Prakash also purchased the rasta itself.

(3.) Plot no. 1573 is an adjoining plot of plot no. 1574. A portion of this plot, namely, 1573 was purchased by Sarjug Prasad and he raised construction on this land, a portion of which construction locates his Glass Factory. Some other persons have also purchased a portion of plot no. 1573 and some of them have also raised construction thereon.