FORM NO. 27. - Magistrate's order prohibiting the doing of anything on land or water. of CrPC : FORM NO. 27. - Magistrate's order prohibiting the doing of anything on land or water.

Explanation using Example

Example 1:

Scenario: A village pond dispute

Details: In the village of Ramnagar, there is a pond that has been used by the villagers for bathing, washing clothes, and watering cattle for decades. Recently, Mr. Sharma, a wealthy landowner, claimed that the pond is part of his private property and started constructing a fence around it to prevent public access.

Application of the Act: The local magistrate, upon receiving complaints from the villagers, conducted an inquiry and found that the pond has been used by the public for many years. The magistrate issued an order under FORM NO. 27, prohibiting Mr. Sharma from taking exclusive possession of the pond until he obtains a decree from a competent court confirming his claim.

Outcome: Mr. Sharma is legally restrained from fencing off the pond, ensuring that the villagers can continue to use it until the court decides on the matter.

Example 2:

Scenario: Dispute over a community pathway

Details: In the town of Lakshmipur, there is a narrow pathway that runs through Mr. Verma's farmland, which the local community has used for generations to access the main road. Mr. Verma recently blocked the pathway, claiming it is his private property and that the public has no right to use it.

Application of the Act: The local magistrate, after conducting an inquiry, determined that the pathway has been used by the public for many years and that this use has been enjoyed within three months of the inquiry. The magistrate issued an order under FORM NO. 27, prohibiting Mr. Verma from blocking the pathway until he obtains a court order confirming his exclusive right to the land.

Outcome: Mr. Verma is legally restrained from blocking the pathway, allowing the community to continue using it until the court makes a final decision on the ownership and usage rights.

Example 3:

Scenario: Dispute over fishing rights in a lake

Details: In the coastal town of Sundarpur, there is a lake where local fishermen have been fishing for generations. Recently, a private company, XYZ Ltd., claimed ownership of the lake and started restricting access, stating that they have exclusive fishing rights.

Application of the Act: The local magistrate, upon receiving complaints from the fishermen, conducted an inquiry and found that the lake has been used by the fishermen for many years. The magistrate issued an order under FORM NO. 27, prohibiting XYZ Ltd. from taking exclusive possession of the lake and restricting fishing activities until they obtain a decree from a competent court confirming their claim.

Outcome: XYZ Ltd. is legally restrained from restricting access to the lake, ensuring that the fishermen can continue their livelihood until the court decides on the matter.