JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against an Order dated 07.08.2019 passed by the learned Additional Chief Judicial Magistrate at Arambagh, Hooghly in M.P. Case No.139 of 2019 by rejecting the petition filed by the petitioner under Section 156(3) of the Code of Criminal Procedure, 1973.

2. The petitioner's case is that he is the owner of a pond namely Talpukur measuring an area 2.39 acre, J. L. No.45, Khatian No.594, Dag No.877, Mouza-Khanakul within Police Station-Khanakul, District-Hooghly.

3. By virtue of a deed of partition executed on 26.06.1978 between the family members, the petitioner got the pond namely “Talpukur” measuring an area of 2.39 acres in her share.

4. While peacefully enjoying and/or occupying the said pond in the year 2016 the opposite party nos. 2, 3 and 4 forcefully entered into the pond which belongs to the petitioner and they started looting fishes from it.

5. The opposite party nos.2, 3 and 4 claimed themselves to be the owners in respect of the pond in question since their names have been recorded in the Record of Right and accordingly the petitioner filed an objection before the Block Land and Land Reforms Officer, Kh