( 1 ) THIS is to consider an application under Section 482 of the Code of Criminal Procedure being aggrieved by an order dated 12. 3. 2003 passed by Sri Sukumar Chakraborty, Additional Sessions Judge, 4th Court, Midnapore in Criminal Revision No. 22 of 1994 affirming the order dated 31. 8. 1994 passed by Sri M. Murmu, Executive Magistrate, Midnapore in M. R Case No. 104 (S) of 1986 under Section 147 of Cr. P. C. directing the Dwaraka Prosad Agarwal (since deceased) to remove the illegal construction or to demolish the construction of brick wall and iron gate of the premises.

( 2 ) IN short the petition is that R. S. Plot No. 868 of Mouza Kharagpur Khas Jungle measuring an area of 0. 10 acre of land belonged to one Gorelala. On 7. 7. 1959 he sold 7 decimals out of 10 decimals of land to one Pyarelal and the rest 3 decimals of land was sold to Badami Devi on 25. 1. 62 Pyarelal purchased Badami's 3 decimals of land on 23. 6. 1964, thus, became the owner of 10 decimals of land and sold the same to the petitioner's predecessor-in-interest, Dwaraka Prosad Agarwal (since deceased) on 22. 9. 77. He mutated his name with the Municipal Authority, paid Municipal taxes