GHULAM MOHAMMAD DAR Vs. MOHAMMAD AMIN DAR

JUDGEMENT

(1.) The petitioner has challenged order dtd. 22/3/2019 passed by 1st Additional Sessions Judge, Baramulla, as also order dtd. 18/11/2018 passed by Sub Divisional Magistrate, Pattan.

(2.) Record of the case shows that respondent made an application before Tehsildar, Pattan, complaining therein that the petitioner has grown ten poplar trees in his premises adjacent to the house of the applicant/respondent herein and these poplar trees pose threat to his life and property. The application, it seems, was subsequently transferred to Tehsildar, Singhpora. Yet another application dtd. 26/10/2017 was made by the respondent before Sub Divisional Magistrate, Pattan, who sought status report regarding the application from Tehsildar, Singhpora, who, in turn, visited the spot and reported that poplar trees belonging to the petitioner herein pose threat to the life and property of the respondent. It was also mentioned in the report that the petitioner has agreed to cut down these trees. It seems that upon receipt of this report, Sub Divisional Magistrate, Pattan, issued summons to the petitioner and after hearing the parties, a direction was passed by the learned Magistrate that these poplar trees be removed as they pose threat to the life and property of the respondent.

(3.) The aforesaid order of Sub Divisional Magistrate, Pattan, was challenged by the petitioner by way of a revision petition before Principal Sessions Judge, Baramulla. The learned Sessions Judge allowed the revision petition by setting aside the order dtd. 18/12/2017 of the Sub Divisional Magistrate, Pattan, and further directed the learned Magistrate to pass order afresh after following the mandate of law governing the subject. Accordingly, the case again landed before the Sub Divisional Magistrate, Pattan, and the learned Magistrate, after hearing the parties, has passed the impugned order dtd. 18/11/2018 in terms of Sec. 137 of the Cr.P.C., whereby the learned Magistrate confirmed the conditional order passed by him under Sec. 133 of the Cr.P.C. and directed removal of the trees planted by the petitioner.