CHHAGAN SINGH Vs. STATE

JUDGEMENT

(1.) This is an application under Sec. 482 Cr. P.C. I have heard arguments.

(2.) In the Abadi area of Sumerpur, there lies the disputed plot on the north of which there is a plot of Nemaji Purohit and on the south is the plot of Sohanlal Foujmal. Towards the East, there is an agricultural land in the Khatedari of Mali Inda and Likhma which is perhaps irrigated by the waters of the well known Bamba Bera. Towards the west, is the road (and bazar) which goes to the Jawai Dam after passing the inter -section in the north. This plot of land measures 64' x 92'.

(3.) The Station House Officer, Bali made a complaint on 27 -12 -74 in the court of the Sub Divisional Magistrate, Bali that party No. 1 of Vajing s/o Inda and others claimed that 64' x 30' of the plot is the Government property which abuts the Aforesaid road, while the remaining portion of plot 64' x 62' adjoining the agricultural land is claimed by them to be in their possession for the last 45 years or so. The party No. 1 further alleged that the party No. 2 of Chhagan Singh and others have forcibly and wrongfully taken possession of the portion 64' x 30' on 20 -12 -74, and of the portion 64' x 62' on 25 -12 -74 and have also begun to raise construction. The SHO stated that a dispute likely to cause a breach of the peace at any moment has arisen and therefore, action under Sec. 145 Cr. P.C. should be initiated and the disputed part of plot be attached.