The High Court did not decide on the merits due to unclear facts. It directed the District Magistrate to measure the land via a survey to verify encroachment on public roads before proceeding under Section 147 CrPC.
Directio n given to the District Magistrate to measure the land via a competent Surveying Amin after notice to parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.630 of 2011
====================================================== Umesh Singh son of Ramotar Singh, r/o village-Lohia Nagar, Ward No. 26, PS-Begusarai Town in the district of Begusarai. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Keshwar Singh, son of late Tripit Narayan Singh, r/o village-Lohia Nagar, PS-Begusarai Town in the district of Begusarai. 3. Mukesh Singh son of late Birmal Singh, r/o village-Lohia Nagar, PSBegusarai Town in the district of Begusarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Adv. Anita Kumari Singh, Adv. Mr. Bimal Kumar No. 2, Adv. For the one opposite Party : Mr. Raghunath Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
counsel for the State.
2. In this case, the petitioner is challenging the order dated 4.8.2010 passed by learned Additional Sessions Judge, F.T.C.-II, Begusarai in Cr. Rev. No. 335 of 2009 by which the court below has refused to set aside the order dated 9.10.2009 passed by the Sub-Divisional Magistrate, Begusarai in Case No. 711 of 2009 converting the proceeding from u/s 144 Cr. P.C. to a proceeding u/s 147 Cr. P.C.
3. The main grievance of the petitioner is that he has purchased a piece of land where he was constructing the pillar
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which was objected by the opposite parties which led to initiation of proceeding u/s 144 of the Code and later on, the Sub-Divisional Magistrate, Begusarai has converted the proceeding under section 147 Cr. P.C.
4. The counsel for the petitioner submits that while constructing the pillar, the petitioner never encroached upon either the public road or the private land and he has every right to construct the pillar over his land. He further submits that the opposite parties were/are illegally raising the voice against the construction of the pillar by the petitioner. He further submits that the proceeding u/s 147 of the Code is uncalled for as there is no dispute for easement as already there is a public road of 10 feet which is being used by the public. He further submits that the opposite parties cannot claim a passage over the private land of the petitioner. If the Government wants to widen the road, in that circumstance, the Government will have to acquire the land uniformally from each and every person having a house over the road.
5. The counsel for the opposite parties has submitted that the petitioner in the name of constructing the pillar has tried his level best to encroach upon the public road which is apparent from materials on record. He further submits that the opposite
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parties have rightly objected the construction of the pillar as the intention of the petitioner is to illegally encroach upon public road.
6. This Court is not deciding the issue on merit as facts are not very clear, with the consent of both parties in order to settle the dispute, once for all, this Court is giving direction to the District Magistrate, Begusarai to get the land measured in presence fairly high officer, after giving due notice to parties, in their presence by a competent Survey Knowing Amin. If the enquiry report would show the encroachment by the petitioner over the public land, the authority will remove the encroachment portion from the public road, if any. If no encroachment would be found, the District Magistrate would pass the order in accordance with law.
7. The present proceeding under Section 147 of Code will abide by the order passed by the District Magistrate, Begusarai.
8. This petition is disposed of with the above directions/observations.
9. This order be sent to the court below through Fax at the cost of petitioner.
Mahesh/-
(Shivaji Pandey, J)
1 issue framed by the court
Whether the proceeding under section 147 of the CrPC should continue given the dispute over land encroachment.
1 provisions across 1 enactments
Umesh Singh
The State Of Bihar
Ram Keshwar Singh
Mukesh Singh
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
