- (1.) Heard Sri Mukesh Kumar Pandey, for the petitioners and Sri Shriprakash Srivastava, for respondent-2.
(2.) This petition has been filed for setting aside the orders of Sub-Divisional Magistrate dated 18.01.2016, directing local police to conduct inquiry and restore chak road, in proceeding under Section 133 Cr.P.C. and Additional Sessions Judge dated 26.04.2016, dismissing revision of the petitioners against aforesaid order.
(3.) Gauhar Ali (respondent-2) filed an application dated 31.07.2012 (at present registered as Criminal Case No. 60 of 2016) under Section 133 Cr.P.C. to Sub-Divisional Magistrate, Padrauna, stating that his house and houses of other villagers situate in east of land of Guftar (in north) and Imtiyaj (in south). There had been old rasta of 15 links wide from before consolidation operation up to main chak road in west, which was shown by letters A, B, C, D in the map attached to this application, in between these two plots. Which is only way for the people for going up to main chak road, from their houses. Guftar and Imtiyaj had been slowly cutting chak road in every year and now it has become too narrow. Due to which it is difficult to pass through it. On this application, a report was called for from local police, who submitted its report dated 14.08.2012, confirming allegations in the application and recommended that after measurement of chaks of both Guftar (in north side) and Imtiyaj (in south side), land of rasta would be restored.;