Sushil Ranjan Nath and Others v. Satyabrata Dey and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2001 Supreme(Online)(Gau) 5

GAUHATI HIGH COURT
Mr. B. R. Dey, J
Sushil Ranjan Nath and Others v. Satyabrata Dey and Others

Advocates:
For the Appellants/Petitioners: B. R. Dey
For the Respondents: P. K. Roy Choudhary

Table of Content
1. facts surrounding the initial complaint and actions taken. (Para 2 , 3 , 4)
2. arguments concerning jurisdiction and procedural validity. (Para 5 , 8 , 9)
3. court's analysis of law and procedural adherence. (Para 6 , 7 , 10)
4. final ruling on dismissal of the revision petition. (Para 11)

1. Heard Mr. B. R. Dey, learned counsel for petitioners and Mr. P. K. Roy Choudhary, learned counsel for opposite parties.

2. This revision petition is directed against the judgment and order dated 2-4-1997 passed by the learned Sessions Judge, Kamrup, Guwahati in CR No. 11/97 setting aside the order of the Executive Magistrate in Case No. 230m / 95 under S.133, CrPC whereby the learned Magistrate passed order for removing a portion of 6 feet wall for public path measuring 10 ft. from North to South.

3. The facts leading to filing this revision petition may be stated as follows:
The present petitioners filed a petition before Deputy Commissioner, Kamrup, Guwahati for removal of blockage in public road in patta No. 1 of Odalbakra FS Grants stating therein that by blocking the Bye Lane No. 2 of Green Wood Lane near the plot of S. B. Dey , great inconvenience has been caused to the resi