DBAREPPA BALAPPA GONDAJ Vs. SUB DIVISIONAL MAGISTRATE JAMKBANDI

JUDGEMENT

(1.) This Criminal Revision Petition is one under Ss. 397 and 401 Cr. P. C. by the petitioner Dhareppa Balappa Gondaj, directed against the order dt. 29-8-1983 passed by the 1st respondent- sub-divisional Magistrate, Jarnkhandi, in exercise of his powers under S. 133 Cr. P. C. directing the petitioner to shift the flour mill by 6 ft. from the place where it is now installed in his house bearing No. 93, situate in Terdal Village of Jarnkhandi Taluk in Bijapur District.

(2.) Few facts necessary for the disposal of this revision petition may be stated as under: The house bearing No, 93 situate in Terdal Village originally belonged to one Kallappa Siddappa Sotti. He was running a flour mill in the said house since 1969 after obtaining necessary permission and licence from the concerned authorities. The respondent is a resident of the adjoining house bearing No. 94. He has been residing . in the said house even prior to 1969. The petitioner purchased the house bearing No. 93 along with the flour mill from the previous owner Kallappa Siddappa Sotti in the year 1974. Since then the petitioner is running the flour mill in the said house. The Town Municipal Council, Terdal has been issuing licences regularly and the power is being supplied by the Karnataka Electricity Board. However for the first time in the year 1982, the 2nd respondent at the instigation of some persons inimically disposed towards the petitioner, made a complaint to the police stating that the running of the flour mill by the petitioner causes nuisance to him. The application was addressed to the Superintendent of Police, Bijapur which was forwarded to the P. S. I. Terdal Police Station for enquiry and report. The P. S. I. after getting the matter enquired into through the Head Constable and also after making personal enquiry, submitted a report dt. 9-9-1981 to the 1st respondent. The 1st respondent on receipt of the report from the P. 6. I. made an order Annexure-B dt. 27-2-1982 under S. 133 (1) (b) Cr. P. C. directing the petitioner to shift the flour mill as well as the huller to a different place within 15-3-1982 failing which appropriate action would be taken against him. The petitioner challenged the correctness of the said order in Cr. R. P. No. 262|1982 on the file of this Court. This Court allowed the Revision Petition and set aside the order Annexure-B on the ground that the 1st respondent while making the order did not apply his mind to the facts and circumstances of the case and made the order without taking evidence and remanded the matter to the 1st respondent with a direction to dispose of the same in accordance with law and in the light of the observation contained in the order.

(3.) After the remand order was made and the matter was sent back to the 1st respondent, the petitioner presented an application on 2-8-1982 as per Annexure-C to the 1st respondent to take up the matter for consideration early and dispose of the same by making suitable order in his favour. About a year thereafter, the 1st respondent made the order Annexure-D dt. 29-8-1983 directing the petitioner to shift the flour mill by 6 ft. from the present place, the correct and legality of which is under challenge in this Revision Petition.