SUHELKHAN KHUDYARKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Bombay High Court, Aurangabad Bench dismissing the writ petition filed by the appellants.

(2.) Background facts projected by the appellant are as follows : Appellants are tenants on plot No. 3/1120 since last 15-20 years where he has erected a tin shed and running religious bookshop known as "R.K. Kitab Ghar". Shop licence and electric connection were obtained for the said shop. Municipal Council has also recognized the shop of the appellants and had allowed the appellants to run the said shop for last many years. At the instigation of respondent No. 2 i.e. J.K. Shaikh, the Municipal Council tried to remove the shop of appellants and there they filed suit bearing RCS No. 29 of 1994 before Civil Judge 9 (J.D.), Bhusawal. On 20.2.1995, Sub-Divisional Magistrate issued a conditional order to remove the shop of the appellants on the basis of the complaint filed by respondent-J.K. Shaikh. The appellants appeared before Sub-Divisional Magistrate, Bhusawal on 8.3.1995 and made a request for dismissal of application filed by respondent No.2. The Sub Divisional Magistrate, by order dated 26.5.1995 directed the present appellants to remove the shop named as 'R.K. Kitab Ghar". The appellants being aggrieved by the said order, filed Criminal Revision Application before learned III Additional Sessions Judge, Jalgaon on 31.5.1995. The said revision was dismissed after hearing the parties on 5.7.1995.

(3.) Stand of the appellants was that Section 133 of the Code of Criminal Procedure, 1973 (in short the 'Code') had no application to the facts of the present case. The High Court did not accept the plea. The High Court's directions for removal of the encroachment was stated to be without jurisdiction. The High Court did not accept the stand and dismissed the writ petition as noted above.