SUNAM ALI & ANR. Vs. STATE & ORS.

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned Public Prosecutor. Perused the record. The instant miscellaneous petition has been preferred against the order dated 4.7.2008 passed by the learned Addl. District Magistrate, Suratgarh directing removal of encroachment on the public lane which has been made by the petitioners thereby reducing the width of public lane by 1 1/2 ft. as confirmed in revision by the learned Addl. Sessions Judge (F.T.) Anoopgarh by his order dated 6.12.2008.

(2.) LEARNED counsel for the petitioner submits that the direction to remove the alleged encroachment is totally illegal and without any basis. He submits that no apprehension of breach of peace exists because of the alleged encroachment, and therefore, the orders passed by the courts below deserve to be quashed.

(3.) HEARD and considered the arguments advanced at the bar. Perused the record. The petitioners have not produced any material on record for the purpose of laying claim on the encroached piece of land. On the contrary there is a distinct report of the concerned police officer i.e. the S.H.O. which shows that the petitioners have encroached upon the public lane and by doing so, they have reduced its width by 1 1/2 ft. Therefore, the learned Executive Magistrate was absolutely justified in directing the removal of the encroachments which has been made by the petitioners on the public lane. The orders passed by the learned A.D.M. has also been affirmed in revision. The petitioners have not produced any documentary evidence in rebuttal to the evidence produced by the complainant and the report of the police officer and the site inspection memo which show that the encroachment has been done on the public lane, therefore, no abuse of the process of the court or illegality has been shown to be committed by the Executive Magistrate in directing removal of the encroachment. Accordingly, the miscellaneous petition being bereft of any force is rejected. The record of the Addl. District Magistrate, Suratgarh be sent back. The Addl. District Magistrate shall expeditiously have the encroachment removed.