Guwahati Court October 1969 Judgments
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Digendra Kumar Deb Vs. Tarini Charan Dey
Court: Guwahati
Decided on: Oct-23-1969
R.S. Bindra, J.C.1. This revision petition by Digendra Kumar Deb arises out of an application made by Tarant Charan Dey. under Section 147 of the Criminal P. C., praying that Digendra Kumar Deb be directed to remove obstruction in the shape of a fencing set up by him over a public path-way which he (Tarini Charan Dey) had been using for egress from and ingress to his homestead situate on the west of that pathway. The preliminary order was passed on 8th August 1960. After perusing the written statements filed by the parties and going through the evidence led by them, Shri S. C, Das, Magistrate first Class, Kailashahar, passed the final order on 23rd April 1962, holding that public road runs over the enclosed part of the land, that Tarini Charan Dey had been exercising his right of way over that public road within three months next preceding the preliminary order, and that the action of Digendra Kumar Deb in obstructing the pathway was likely to result in breach of peace. The Magistrat...
Ganga Charan Goala Vs. Chandra Kumar Roy
Court: Guwahati
Decided on: Oct-13-1969
R.S. Bindra, J.C.1. On 10-6-1966, Chandra Kumar Roy made an application before the Sub-Divisional Magistrate, Agartala, under Section 188 of the Criminal P. C., alleging that a narrow pathway running through the land of Ganga Goala (the petitioner herein) and Birendra Bejoy Majumder in the village of Subhash. nagar, also known as Jirama Daspara, had been under the use of village people, comprising of about 100 families, since 1946, for their normal agricultural and other pursuits ; that that pathway also leads to Development Block Office, the Primary Health Centre, the Co-operative Marketing Society and the Veterinary Hospital in the village, and that Ganga Goala had recently demolished the pathway much to the inconvenience of the residents of the village. It was also alleged that the petitioner had been using the pathway for proceeding to his agricultural lands and that since the day Ganga Goala had demolished it, he found it difficult to take his bullocks from his house to the land...
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