HARDEVA RAM Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) This petition under Sec. 482 Cr.RC. is directed against the impugned order dated 31/1/2003 whereby the learned Additional Sessions Judge No. 2, Sikar set aside the order dated 24/1/2003 by which the learned S.D.M., Sikar in proceedings under Sec. 133 and 142 Cr.RC. ordered the respondents No. 2 to 4 and others for removal of obstruction from pubiic way situated in Khasara No. 261 of village Badalwas within a period of seven days.

(2.) The relevant facts in brief are that the petitioner Hardeva Ram and his brother Rameshwar filed a complaint under Sec. 133 Cr.RC. against the respondent No. 2 to 4 and other brothers of the respondents with the averments that the members of both the parties are residents of village Badalwas. All of them have agricultural land as also residential houses. A portion of land 0.05 hectors of Khasara No. 261 happens to be uncuitivabie land as it is a public way for the last more than 50 years. The respondents and others had obstructed the said public way by encroaching the same and showing it to be an integral portion of their land in Khasara No. 262 abutting Khasara No. 261. It has caused tremendous inconvenience to all the villagers leading to unrest, causing apprehension of breach of peace and tranquillity in the village. An application under Sec. 142 Cr.RC. was also moved praying for an immediate relief keeping in view the emergent situation.

(3.) Learned S.D.M. passed an order under Sec. 133 Cr.RC. requiring the opposite party to remove the said encroachment on the public way. The opposite party filed their reply. Learned S.D.M. proceeded to initiate inquiry under Sec. 137 Cr.RC. and he visited this spot and prepared a report as also a site plan making a prima facie opinion that the said public way did exist and the same was obstructed by the opposite party by encroaching it. Subsequently, the learned S.D.M. passed the order dated 24/1/2003 under Sec. 142 Cr.RC.