IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.141 of 2000 Date of decision: 25th February, 2009 Rambir … Petitioner Versus Sarjit and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Adarsh Kumar Jain, Advocate for the petitioner. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner has submitted that on application filed, Court of SDM, Palwal came to the conclusion that there is an encroachment on the part of the respondents, therefore, it was ordered that the encroachment, which amounts to nuisance, be got removed within one month. The Court of SDM, Palwal came to the conclusion that the respondents were in unauthorized possession of the public passage. Aggrieved against the same, respondents had filed revision petition. Revision petition was accepted by the Additional Sessions Judge, Faridabad, who stated that encroachment appears to be old, therefore, no order could have been passed by the SDM under Section 133 of the Code of Criminal Procedure. The parties were directed to approach the civil Court. Mr.Adarsh Kumar Jain appearing for the petitioner has submitted that he is not aware whether parties have approached the civil Court or not. Criminal Revision No.141 of 2000 Anybody in unauthorized possession, especially of the public passage, cannot be allowed to maintain encroachment, if it causes nuisance to the general public. The thorough fare is to be used by all and sundry and people of locality cannot be denied its use on the ground that encroachment is old. In these circumstances, order of Additional Sessions Judge, Faridabad is set aside. The matter is remanded to the Court of SDM, Palwal, who shall again inspect the spot and if encroachment exists, he shall issue notice to both the parties. The order was passed by the SDM, Palwal on 25th May, 1996. By afflux of time, in last 13 years ground realities may have changed. Therefore, the parties will be at liberty to project their case in the changed circumstances. The decision of the civil Court, if any, be placed before the Court of SDM, Palwal. He shall also get the spot inspected and thereafter, after hearing both the parties, shall decide the matter afresh. Petitioner may cause appearance before the Court of SDM, Palwal on 15th April, 2009. With these observations, present revision petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE February 25, 2009 rps 2