- (1.) The Judgment of the Court was as follows : The C.R.R. No. 334 of 2006 is directed against the order-dated 17.1.2006 passed by the learned Executive Magistrate, Basirhat Court under Section 133, Cr.P.C. in case No. M. P. 725 of 2005 directing the petitioner No. 1 Basar AN Molla and petitioner No. 2 Neat Ali Molla not to create any disturbance or obstruction unlawfully or destroy the path if any, remove the said unlawful obstruction within 15 days and not to disturb the teachers, students/public for using the path measuring an area of 1 decimal at plot No. 1546 and 1 decimal at plot No. 1547 of Mouja-Fakirtakia, P. S: Sandeshkhali, District: 24 Parganas (North). The C.R.R. No. 2370 of 2006 is directed against the order of the learned Executive Magistrate dated 7. 7.2006 passed in the same case directing O.C., Sandeshkhali to see that no disturbance is made by the O. P at the time of repairing the pathway which is being used by students, teachers and others of Sisu Siksha Kendra and report or compliance.
(2.) The respondent Nos. 1 and 2 in both the cases submitted an application under Section 133, Cr. P. C before the learned Sub-divisional Executive Magistrate registered as case No. M. P. 725 of 2005 contending that one cent of land in plot No. 1547 and one cent of land in plot No. 1546 of Mouja Faqirtakia, P. S: Sandeshkhali used as road so constructed by their father for use by their family members and public and on the death of their father the students, teachers, guardians of Sisu Siksha Kendra situated to the adjacent north of the path and the public have been using the said path-way for a pretty long time and they gifted the said path-way to the said Sisu Siksha Kendra. The petitioner Nos. 1 and 2 who are O. Ps' in the said case being No. M. P. 725 of 2005 constructed the fencing and cut the earth of the said path-way and closed the road and also caused inconvenience to the egress and ingress of the persons using the said path-way. The encroachment of the said pathway is to be removed otherwise the teachers, students and guardians of the students of Sisu Siksha Kendra are facing much inconvenience.
(3.) On consideration of the said application and inquiry reports of B.D.O., Sandeshkhali-l and BL & LRO, Sandeshkali-1 the impugned order dated 17.1.2006 was passed by the learned Executive Magistrate. Then during pendency of the said case being M. P. 725 of 2005, learned Sub-divisional Magistrate passed the impugned order dated 7.7.2006.;