GULAPPA GURUSANGAPPA Vs. SUB DIVISIONAL MAG HAVERI

JUDGEMENT

(1.) In this revision, the petitioner who is Party No. 1 in 133 of Cr.PC proceedings instituted by the Sub Divisional Magistrate, Haveri, in case No. MAG SR 2/ 81 82, on the file of his Court, has sought to challenge the legality and correctness of the order dated 20 6-1981 passed by him restraining him from operating the chilly- pounding machine installed by him at Byadagi in Dharwad Dist.

(2.) One of the contentions raised by the petitioner is that the order under revision pas ed by the Magistrate is illegal and without jurisdiction, because having called upon the parties to appear before him on 30-6-1981, by his preliminary order, he could not have made any modification in the preliminary order without enquiring into the case as required under the law and the Order under revision therefore, is liable to be set aside. It is also submitted that the proceedings initiated are also liable to be quashed, the same being not in accordance with law.

(3.) It appears, the contention is well founded. The learned Sub Divisional Magistrate proceeded to make the preliminary order, as provided under sub-sec. (1) of S. 133 of Cr.PC, on 15 1981, on the report made by the Tahsildar, Byadagi, after some preliminary enquiry, as follows :