HANUMAN PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This petition under S. 397 read with S. 401, Cr.P.C. is directed against the order dated 26-6-1986 passed by the learned Sub-Divisional Magistrate, Churu in Criminal Case No. 29 of 1980 arising out of the proceedings initiated under S. 145, Cr.P.C.

(2.) The brief facts leading to this revision petition are that late Magniram, the ancestor of the petitioner obtained two pattas from the former State of Bikaner in respect of the land measuring 28800 square meters. He also constructed a well known as 'Magnisagar'. A house was also constructed on this land together with a garden. It is alleged that the petitioner obtained permission for construction of a boundary wall around this entire land on 1-6-1979 vide Ex. 4 and accordingly he erected 'Patties' on all the three sides of the wall in question. On the fourth side, there is his own building and well. This erection was completed in the afternoon of 22-5-1980.

(3.) Thereafter, the petitioner received a notice Ex. 13 on 22-5-1980 after the completion of the aforesaid erection work from the Administrator, Municipal Board, Churu whereby the petitioner was directed not to raise the construction. The petitioner by his letter Ex. 23 dated 23-5-1980 informed the petitioner that he had already completed the erection of Patties around the land in question.