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SCR.A/181/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 181 of 2008
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IBRAHIM
ISMAIL UGHRADAR
Versus
HASINABEN
D/O ISE MOHAMMAD & others
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Appearance :
MR
HORMAZ B SHETHNA for the petitioner
Mr.
S.K. Bukhari for respondent Nos. 2 and 3
Mr.
K.T. Dave, APP for respondent
No.5
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/07/2008
ORAL
ORDER
1 In
this petition under Articles 226 and 227 of the Constitution of
India, the petitioner challenges the order dated 21st
August 2007 passed by the Mamlatdar & Executive Magistrate,
Bharuch, rejecting the application of the petitioner for protecting
the petitioner’s possession of the premises being House No.223 [at
Sr. No.53 in the village panchayat record] located in central
[masjid] falia in Rahadpor village, Taluka & district Bharuch,
and also the order dated 14th December 2007 passed by the
learned Additional Sessions Judge, Fast Track Court No.6, Bharuch, in
Criminal Revision Application No.179 of 2007, confirming the said
order of the Mamlatdar & Executive Magistrate, Bharuch.
2 Having
heard the learned counsel for the petitioner and on going through the
documents produced on record, in my view, both the Courts below,
after appreciation of relevant materials and evidence on record, have
recorded a concurrent finding that the petitioner is not in
possession of the premises in question, which cannot be said to be
perverse or wrong apparent on the face of the record. This Court
cannot re-appreciate the evidence and arrive at a different finding
particularly when no illegality or procedural irregularity has been
committed by the Courts below. Therefore, no interference is called
for by this Court in exercise of powers under Articles 226 and 227 of
the Constitution of India.
3 Hence,
this petition has no substance and is rejected. Notice is discharged.
(ANANT
S. DAVE, J.)
(swamy)
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