Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.630 of 2011 ====================================================== Umesh Singh son of Ramotar Singh, r/o village-Lohia Nagar, Ward No. 26, PS-Begusarai Town in the district of Begusarai. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Ram Keshwar Singh, son of late Tripit Narayan Singh, r/o village-Lohia Nagar, PS-Begusarai Town in the district of Begusarai. 3. Mukesh Singh son of late Birmal Singh, r/o village-Lohia Nagar, PS- Begusarai Town in the district of Begusarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Adv. Anita Kumari Singh, Adv. Mr. Bimal Kumar No. 2, Adv. For the one opposite Party : Mr. Raghunath Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 14-09-2012 Heard learned counsel for the petitioner and learned counsel for the State. 2. In this case, the petitioner is challenging the order dated 4.8.2010 passed by learned Additional Sessions Judge, F.T.C.-II, Begusarai in Cr. Rev. No. 335 of 2009 by which the court below has refused to set aside the order dated 9.10.2009 passed by the Sub-Divisional Magistrate, Begusarai in Case No. 711 of 2009 converting the proceeding from [STATUTE] evance of the petitioner is that he has purchased a piece of land where he was constructing the pillar Patna High Court Cr.Misc. No.630 of 2011 (3) dt.14-09-2012 2 / 3 2 which was objected by the opposite parties which led to initiation of proceeding [STATUTE] Begusarai has converted the proceeding under section 147 Cr. P.C. 4. The counsel for the petitioner submits that while constructing the pillar, the petitioner never encroached upon either the public road or the private land and he has every right to construct the pillar over his land. He further submits that the opposite parties were/are illegally raising the voice against the construction of the pillar by the petitioner. He further submits that the proceeding [STATUTE] sement as already there is a public road of 10 feet which is being used by the public. He further submits that the opposite parties cannot claim a passage over the private land of the petitioner. If the Government wants to widen the road, in that circumstance, the Government will have to acquire the land uniformally from each and every person having a house over the road. 5. The counsel for the opposite parties has submitted that the petitioner in the name of constructing the pillar has tried his level best to encroach upon the public road which is apparent from materials on record. He further submits that the opposite Patna High Court Cr.Misc. No.630 of 2011 (3) dt.14-09-2012 3 / 3 3 parties have rightly objected the construction of the pillar as the intention of the petitioner is to illegally encroach upon public road. 6. This Court is not deciding the issue on merit as facts are not very clear, with the consent of both parties in order to settle the dispute, once for all, this Court is giving direction to the District Magistrate, Begusarai to get the land measured in presence fairly high officer, after giving due notice to parties, in their presence by a competent Survey Knowing Amin. If the enquiry report would show the encroachment by the petitioner over the public land, the authority will remove the encroachment portion from the public road, if any. If no encroachment would be found, the District Magistrate would pass the order in accordance with law. 7. The present proceeding under Section 147 of Code will abide by the order passed by the District Magistrate, Begusarai. 8. This petition is disposed of with the above directions/observations. 9. This order be sent to the court below through Fax at the cost of petitioner. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 147

Statute Text:
Section 147 of the Indian Penal Code. Rioting. Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.