DHARNIDHAR Vs. GHASI RAM PATEL

JUDGEMENT

(1.) This petition under Section 482 of the CrPC is directed against the impugned order dated 17.10.2013 passed by the Additional Sessions Judge, Sarangarh, in Criminal Revision Case No.05/2013, by which the revision petition filed by the petitioner has been dismissed affirming the order passed by learned SubDivisional Magistrate, Sarangarh under Section 133 of the CrPC directing removal of nuisance under Section 133(1)(a) of the CrPC.

(2.) The essential facts necessary for adjudication of the petition are as under:-

(3.) Learned SDM also called for report of revenue inspector and allowed the parties to lead evidence and came to the conclusion that the petitioner has made bore on abadi land (government land) and thereby possessed the said land recorded as abadi land, which is causing public nuisance and thereby invoked Section 133(1)(a) of the CrPC and directed the petitioner to remove the motor-pump installed on land in question. Order of the learned SDM was challenged by the petitioner before the revisional Court. The revisional Court by the impugned judgment dismissed the revision affirming the order passed by the SDM. Questioning that order, this petition under Section 482 of the CrPC has been filed by the petitioner herein.