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[Cites 2, Cited by 0]

Calcutta High Court (Appellete Side)

878/2010 on 24 March, 2010

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

24.03.2010

96) C.R.R. No. 878 of 2010 In Re : Sanat Kumar Das ... Petitioner Mr. Gautam Guria ... for the petitioner Heard Mr. Gautam Guria, the learned Counsel appearing for the petitioner. The subject-matter of challenge in this Criminal Revision is an order passed in connection with a proceeding under Section 144 of the Code of Criminal Procedure. The order impugned is quoted below :

"Seen the petition filed by Debasish Pal s/o Gourhari Pal of Vill+P.O.+P.S. Nandigram Dist. Purba Medinipur praying for an order u/s. 144 Cr.P.C.
Heard the Ld. Advocate on behalf of the petitioner. O.C., Nandigram/BL & LRO, Nandigram-I are directed to enquire into the matter and report early.
Meanwhile O.C., Nandigram is directed to ensure that peace is maintained and no illegal act is done by the O.P on the disputed land through encroachment and change of character of the P/L To 19.5.10. ........................
Executive Magistrate Haldia"

Having gone through the impugned order, I find that actually no prohibitory order has been passed against the present petitioner although the police have been directed to see that the nature and character of the land be not changed.

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It is the case of the petitioner that the petitioner is a lawful owner of the land and on the strength of a valid sanction plan, he is constructing a building. Be that as it may, the petitioner shall have the liberty to file a necessary application in terms of the provisions of Section 144(5) of the Code of Criminal Procedure with notice to the opposite parties before the Learned Executive Magistrate, Haldia, before whom the M.P. Case No. 93 of 2010 is pending. It is directed if any such application is filed, the Learned Executive Magistrate shall dispose of the same in accordance with law within two weeks from the date of filing of such application.

Accordingly, this application stands disposed of. Criminal Section is directed to supply the urgent Photostat certified copy of this order to the party, if applied for.

(Ashim Kumar Roy, J.) 2 3 3