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BIRENDRA PRASAD VERMA
Babu Saheb Raut – Appellant
Versus
State of Bihar – Respondent
The petitioner, being aggrieved by the order dated 20.7.2012 passed in M.R. Case No. 118 of 2011 by the learned Sub-Divisional Magistrate, Sadar, Madhubani, in purported exercise of his powers under Section 133 of the Code of Criminal Procedure, 1973 ( for short ‘Cr.P.C.’), directing him to remove by 6.8.2012 his building and other structures from allegedly encroached portion of Plot No.84, a public road, situate in Mohalla Tilak Chowk in Madhubani Town, has preferred the present revision application under Sections 397 and 401 Cr.P.C. before this Court, questioning the correctness, legality and propriety of the impugned order.
2. From the pleadings of the parties, it appears that the opposite party no.4, namely, Birendra Raut filed a petition before the learned Sub-Divisional Magistrate, Sadar, Madhubani, with a prayer to initiate a proceeding under Section 133 Cr.P.C. for removal of alleged encroachment from the govt. land made by the preset petitioner. It was claimed that the petitioner has made encroachment over the govt. land adjacent to public road to the extent of 15 feet from southern side, and by constructing 8 shops thereon, he has let out the same and is earn
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