GANESH SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Sessions Judge, Tonk vide his order dated March 25, 1985, ordered framing of charges under sections 147, 436, 325, 323 read with 149 Penal Code against the accused petitioners. Thereafter, the charges have been framed against the accused petitioners. The accused-petitioners pray that the charges be set aside and the proceedings be quashed against them.

(2.) Now the facts. There is some land situated at Jhilai Road, Niwai which is vested in Municipal Board. Niwai. Some persons belonging to Bairwa caste had encroached on the said land and had constructed huts in which they were residing along with the members of their family. A report was submitted by one Lallu Lal Sharma an employee of the Municipal Board, Niwai to the Executive Officer of the said Board on Dec. 18, 1982 (Ex. D. 2) that in the night intervening 17th and 19th Dec., 1982 at about 2 or 2.30 a.m. some persons have encroached on the land referred to earlier by constructing their huts. Their encroachment had been removed once but thereafter they again encroached and it was also mentioned in the report that they were bent on a quarrel. The names of those persons who had encroached by raising their huts were also mentioned in the Ex. D. 2 as Chand and others, in all numbering nine.

(3.) Another report was submitted by the Circle Jamadar of the Board to the Executive Officer on 19th Dec., 1982 to the same effect and Executive Officer after taking the report of the concerned officers, placed the papers before the Chairman of the Municipal Board who on 20th Dec., 1982, ordered that the encroachments should be removed from municipal land. Thereafter, a notice Ex.D. 4 dated 20th Dec., 1982 was issued to Nathu and others under sub-section (2) of Sec. 203 of the Rajasthan Municipalities Act, 1959 calling upon them to vacate their encroachment by 12 Noon on 21st Dec., 1982 failing which the encroachments shall be removed in accordance with law. It was reported by the Process Server that the trespassers had refused to take notices. Thereafter, the Chairman, Municipal Board, Niwai requested the SHO, PS Niwai for extending police help, vide Ex D-5 dated Dec. 20, 1982 and police help was accorded and vide order dated 23rd Dec., 1982 the Chairman, Municipal Board, Niwai ordered that Ramlal Sharma, Executive Officer along with Inspector Murlidhar, ASI Abdui Latif, Asstt. Revenue Inspector Kureshi, LDC, Rameshwar Prasad, Shrovanlal Jamadar and Chotu Jamadar will remove the encroachments with the help of Harijan staff. Thereafter, vide Ex.D. 10 dated Dec. 23, 1982, the Chairman further ordered that the octroi staff shall also help the other staff in removing the encroachments. Vide Ex. D.II, the Executive Officer, Municipal Board deputed the persons named therein to go to the spot and remove the encroachments.