TAKHELLAMBAM TATU SINGH Vs. SOROKHAIBAM JUGIN SINGH AND ORS.
HIGH COURT OF GAUHATI
Takhellambam Tatu Singh
Sorokhaibam Jugin Singh And Ors.
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C. Jagannadhacharyulu, J. -
(1.)THIS is a Criminal Revision Petition filed under Sections 435 and 439, Cr. P.C. against the order dated 15 -6 -1968 of the Additional Sessions Judge, Manipur, passed in his Criminal Revision Case No. 28 of 1967 confirming the order dated 31 -5 -1967 of the S.D.M., Thoubal, passed in N.F.I.R. Case No. 1 of 1967 under Section 145, Cr. P.C. who had confirmed the respondents' alleged possession of the disputed land.
(2.)THE petitioner, who is the Pradhan of Wangoo Gram Panchayat, filed a petition on 9 -1 -1967 before the S. D. M., Thoubal stating that there is a vast land comprising about 100 paris in Wangoo Sapham Wangkhom, within the territorial jurisdiction of Wangoo village, of whose local Gram Panchayat, the petitioner is the Pradhan, He represented the villagers of Wangoo. They had been in possession and enjoyment of the land described in the schedule. Beyond the southern boundary of the disputed land, there is Chairen village. There is a distinct boundary line between Wangoo and Chairen villages. The disputed land was used as grass mahal under the control and management of the Forest Department of Manipur. But, the Government of Manipur de -reserved the grass mahal except a portion and the de -reserved portion is the disputed land. The petitioner and his men reclaimed the disputed land about 10 years back. A portion of it, which is the main disputed land, was de -reserved only in 1966. On 4 -1 -1967 at about 2 -00 p. m. when the petitioner and his men were ploughing the disputed land with a tractor, the respondents attempted to dispossess them from the disputed land. There was apprehension of breach of the peace. So, the petitioner prayed that action should be taken against the respondents under Section 107. Cr. P.C. The petitioner mentioned the boundary of the disputed land as follows:
North - - Phoubu Hiram,
South - - Nogyaikhong and Imphal river,
East - - Nongyaikhong,
West - - Imphal river.
On 10 -1 -67 the S. D. M., Thoubal forwarded the petition of petitioner to the officer in charge of the Sugnoo Police Station for investigation and report.
(3.)THE Officer -in -charge of the Police Station of Sugnoo submitted his report on 19 -2 -1967. He recommended that proceedings under Section 107, Cr. P.C. should be started regarding the land, the boundaries of which were mentioned by him, as follows:
North - - Phoubu Hiram,
South - - Imphal river,
West - - Imphal river,
East - - Nongyaikhong.
These are the same boundaries, which were mentioned by the petitioner also in his petition.
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