BHIYARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This misc. petition has been filed on behalf of the petitioner Bhiya Ram challenging the order dated 20.10.2000 passed by the Additional Collector cum Executive Magistrate, Barmer in Case No.162/97 (State vs. Premraj & Anr.) whereby whilst dropping the proceedings under Section 145 Cr.P.C., the learned Magistrate has directed the handing over of possession of the property in question to the respondent no.2 Premraj and against the order dated 25.8.2004 passed by the learned Additional Sessions Judge, Barmer in Criminal Revision No.20/2000 affirming the aforesaid order dated 20.10.2000.

(3.) Assailing the orders impugned, counsel for the petitioner has submitted that in this case, the2 learned Executive Magistrate has not considered the material available on the record in its correct perspective whilst directing the handing over of the possession of the property in question to the respondent no.2. It has further been submitted that the police whilst preparing the site plan of the property has not properly demarcated the boundaries and, therefore, the difficulty arose. It has been submitted that the petitioner's khasra number is 555 whereas the respondent no.2 is in possession of khasra no.556/3 and that the respondent was trying to take illegal possession of the land which was not a part of said khasra no.556/3 because the land of the petitioner was adjacent to the land of respondent no.2. Accordingly, it is submitted that the matter be remanded back to the executive magistrate for a proper consideration.