S.D. Bajaj, J.
1. In 133 Criminal Procedure Code proceedings, for removal of encroachment, allegedly made by the petitioner, through construction of wall six feet high on the 2 `Gathas'' wide pathway from East to West in Khasra No. 43312 in village Balachaur tehsil Jagadhri district Ambala, both learned trial court as well as the revisional court of learned Additional Sessions Judge, Ambala in their impugned orders dated 9th February, 1987 and 10th December, 1987 respectively, reached the factual conclusion that the area encroached upon by the petitioner formed the part of the public pathway and consequently ordered the petitioner to remove the encroachment through demolition of the wall and belts, installed across the pathway from his residential house.
2. It has been urged by the learned counsel for the petitioner that the alleged encroachment (if any at all) is 18 years old and, therefore, in terms of the observations made in Khair Din and other v. Wasan Singh and others, AIR 1935 Lahore 29; Gian Singh and others, v. State of Punjab and others, Volume LXXII1970 Punjab Law Reporter 468; Karla Ram and others v. Manglu Ram, 1981 Chandigarh Law Reporter 371 and Tarsema Singh and others v. Mukand Singh Mistri and another, 1981 Chandigarh Law Reporter 640, the provisions of section 133 Criminal Procedure Code could not be invoked for removal of such a long standing nuisance.
3. The life of 18 years may be true in respect of crusher and the motor installed for running it inside the residential house of the petitioner but it is not so in respect of the wall through which encroachment has been made. The report of the Local Commissioner and the deposition of the Patwari when read along `Naqsha Shajra'' and contents of report Exhibit AX and the site plan Exhibit AZ go to prove that the wall as also installation of belt on the pathway aforesaid are both recent encroachments blocking the phirni passage. The argument advanced as also the authorities cited in support of it are, therefore, of no help to the petitioner.
4. In result Criminal Misc. No. 2529M of 1988 gets wholly bereft of any merit therein and is consequently dismissed.
