- (1.) This is an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) whereby and whereunder the petitioners have challenged the legality and validity of the order dated 23.09.2011 passed by the learned Additional District Magistrate, Darrang, Mangaldoi in Misc. Case No. 13/ 2005 under Section 145 Cr.P.C. The respondent No. 2 as the first party had filed a petition before the learned District Magistrate, Darrang, Mangaldoi wherein the petitioners were arrayed as the second party. In the said petition, the first party stated that he was the Secretary of the society called Kurua Krishak Samabai Samity and that the revenue authority of the State Government had made allotment of the schedule land in favour of the society in the year 1956. According to the first party, the possession of the schedule land was handed over to the society on 07.09.1971 and since then they were in possession over the said land. The detailed particulars of the schedule land may not be necessary but suffice it to say that the said land measures 53 bighas 4 kathas 16 lechas covered by P.P. No. 160, 226(old) and 208, 448(new) situated at village- No. 2 Siktaguri, mouza and PS- Sipajhar in the district of Darrang. The allegation made in the said petition was that the second party was encroaching Government land just adjacent to the western side of the schedule land. The second party thereafter tried to dispossess the first party from the schedule land. In the morning of 04.11.2004, while the members of the society went to the schedule land for ploughing the same, the second party obstructed them. The same was repeated again on 28.11.2004 and 03.12.2004. Alleging that the second party tried to dispossess them from the schedule land, the first party stated that there was every possibility of breach of peace between the parties and, therefore, requested the learned Magistrate to restrain the second party from entering into the schedule land.
(2.) The said petition was registered as Misc. Case No. 13/2005. The learned Magistrate by his order dated 01.02.2005, on consideration of the police report, which was called for, recorded his satisfaction that there was every likelihood of breach of public peace and tranquility due to the dispute between the parties. Therefore, a proceeding under Section 145 Cr.P.C. was drawn up.
(3.) The second party contested the proceeding by filing their written statement. In the written statement, the second party while denying the claim of the first party, further stated that they had been in possession of about 30 bighas of land falling within the schedule land for about 20 years.;