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M. V. MURALIDARAN
Awang Kongpal Kongkham Leikai Development Committee – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. This criminal revision petition has been filed by the petitioner under Section 401 read with Section 397 and 398 Cr.P.C. against the order dated 28.9.2020 in Eviction Criminal Miscellaneous Case No.1 of 2020 passed by the fourth respondent under Section 133 Cr.P.C. read with Section 15 of the Manipur Land Revenue and Land Reforms Act, 1960.
2. Heard Mr. Ajoy Pebam, learned counsel for the petitioner; Mr. H. Samarjit, learned Additional Public Prosecutor for the respondent State and learned counsel for the sixth respondent.
3. The case of the petitioner is that the petitioner is the absolute owner and possessor of piece of homestead land under Patta No.23/296, Imphal East Tahasil, Porompat Sub- Division, covered by C.S. Dag No.31/597 measuring an extent of 0.90 acre Ingkhol Class situated at 23-Khongkham Leikai Revenue Village and the said land has been occupying by the petitioner without any disturbances from all quarters. Kongpal Makha Kongkham Leikai Development Committee formed by the localities of Kongpal Makha Kongkham Leikai was the owner of the land in question and the revenue records stood in the name of Kongpal Makha Kongkham Leikai. Later on, the name was changed
The court emphasized the importance of proving ownership of land and upheld the authority of the Sub-Divisional Magistrate to issue eviction orders under Section 133 of Cr.P.C. read with Section 15 o....
Under Section 147 CrPC, Magistrate must record satisfaction of breach of peace likelihood and three-month right exercise; failure invalidates order, irrespective of superior court directions for fres....
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
Point of law: According to Section 12-A of the A.P. Land Encroachment Act, 1905 the powers of revision authority are limited and the revision authority may call for the records either suo motu or on ....
Point of Law : Amended provisions of Rule 18 (2) of the Settlement Rules does not mandate issuance of any notice upon persons coming in the ambit of the said sub-rule. The petitioner are admittedly i....
Proceedings under Section 133 Cr.PC require evidence of public nuisance; private disputes cannot be adjudicated under this provision.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
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