Bhana Ram vs Raj Kumar - 2023 Supreme(P&H) 1246

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2023 Supreme(P&H) 1246

DEEPAK GUPTA
Bhana Ram – Appellant
Versus
Raj Kumar – Respondent

Advocates appeared:
Mr. Babbar Bhan, Advocate for the petitioner.
Mr. Ajay Jain, Advocate for respondent Nos.1 and 2.
Ms. Harpreet Kaur, AAG, Haryana.

DEEPAK GUPTA, J.

This petition is directed against the order dated 13.02.2018 (Annexure P-1) passed by learned Sub Divisional Magistrate, Siwani District Bhiwani in case under Section 133 of the Code of Criminal Procedure directing the petitioner to remove the alleged encroachment of passage within 10 days; and also the order dated 11.06.2018 (Annexure P-3) passed by learned Additional Sessions Judge, Bhiwani, whereby revision against the above said order 13.02.2018 has been dismissed.

2. On perusal of the paper book, it emerges that a complaint was made by Raj Kumar & Gulab Singh (respondent Nos.1 and 2 herein) before Sub Divisional Magistrate, Siwani alleging that Bhana Ram (now petitioner) had made unauthorized encroachment over a passage comprised in Khasra No.586 measuring 4 kanal 4 Marla, which was causing obstructions to the complainant and other villagers in accessing their fields.

3. Upon notice of the complaint, respondent Bhana Ram (petitioner herein) appeared through his counsel and sought time of 15 days for removal of the encroachment. On the basis of said stand and on finding that passage had been encroached upon by the petitioner, which was causing obstruction to the c