BABOOR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under section 482 is directed against the order of the learned Sub-divisional Magistrate, Barmer, dated 15-1-75. I heard arguments and perused the record.

(2.) The S.H.O. Barmer filed on 8-1-75 a complaint under section 107 in the court of the said Sub-divisional Magistrate against 9 persons that Shanker Lal Oswal had purchased a plot of land in the year 1971 from one Bhoppa Meghwal. He was permitted by the Municipal Board, Barmer. to raise construction thereupon. He began his. constructions on 3-1-75 but the aforesaid persons Bhoor Singh and Others claimed that the plot belongs to them and say that they will not permit any construction. Both the parties are determined to forcibly occupy the plot and their determination shows that there was likelihood of a breach of the peace. Bhoor Singh and Others should, therefore, be bound down to maintain peace.

(3.) On 8-1-75 the learned magistrate directed that notices be given to only four persons, namely, Bhakar Singh, Padam Singh, Girdhar Singh and Bhoor Singh to show cause why they should not be bound down to keep peace for one year in the amount of Rs. 50,000.00 each with such five sureties of Rs. 10.000.00 each as could exercise control over the petitioners and were ready to hypothecate their properties.