GANEARAM Vs. STATE

JUDGEMENT

(1.) PARTY No. 1. Bheraram and three others, made an application under sec. 133, Cr. P. C. , in the court of Sub-divisional Magistrate, Deedwana, on May 16, 1967, stating therein that there was public way 16 ft. wide, in village Ransisar. PARTY No. 2, Gangaram and Khemaram, committed encroachment thereon on May 12, 1967, reducing its width to about 5 ft. This obstruction caused a great deal of inconvenience to the general public. Besides, there was every possibi-lity of breach of the peace. The petitioners, therefore, prayed that the obstruction should be ordered to be removed in accordance with sec. 133, read with sec. 137 Code of Criminal Procedure. On receipt of the above application, Sub-divisional Magistrate inspected the site that very day and issued an order that the obstruction should be removed by party No. 2 within 3 days, failing which the same would be got removed by the court. On May 22, 1967, Gangaram filed a reply, denying the fact that the width of the public way was about 16 ft. He alleged that the public way was only about 10 ft. wide and that he had raised construction not on the public way but on his own land, obtained by him from the Panchayat through a 'patta. ' He further stated that his construction was about 1 ft. away from the public thoroughfare, Khemaram, in his reply, admitted to have committed en-croachment on the public thoroughfare, and stated that he would do away with it if the same was removed by Gangaram On May 23, 1967, evidence produced by party No. 1 was recorded. On May 27, 1967, witnesses produced by party No. 2 were examined. That day arguments were also heard and the case was subsequently disposed of on June 2, 1967, ordering Gangaram and Khemaram to remove the obstruction.

(2.) AGGRIEVED against the above order, a revision application was filed by Gangaram in the court of learned Sessions Judge, Merta, but the same was rejected on February 8, 1968. Dissatisfied with the above order Gangaram has filed the present revision-petition, challenging the order of Sub-divisional Magistrate, Deed-wana, dated June 2, 1967, as also that of learned Sessions Judge. Merta, dated February 8, 1968.