VIJENDRA KUMAR CHAUDHRY Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BY way of this petition a relief has been sought by the petitioner for seeking a direction to the S.D.M., Dehradun for deciding the matter within a period of one month.

(2.) BRIEF facts giving rise to this petition are that the petitioner is a resident of 108/1 Nashvilla Road, (Rajpur Road) Dehradun which is a Pacca road, that goes in front of Saint Joseph Academy. There is a shop in the name and style of "Sayed Auto Repairs" and the owner of that shop is one Tanvir Khan. This shop has created a great problem of the pollution on a very busy road. The habitant of the locality have requested so many time to the owner of the shop not to pollute the atmosphere but all in vain. Therefore, the petitioner had to file an application before the court of S.D.M. against the respondents No.2 to 4 under Section 133 Cr.P.C.

(3.) THE S.D.M., Dehradun directed the In -charge P.S. Kotwali to submit the report and the report from In -charge, P.S. Kotwali was submitted before the S.D.M. Thereafter, the S.D.M. issued notice against the opposite parties No.2 to 4 under Section 133 (1) Cr.P.C. and directed the police to remove the unauthorized and illegal work of the opposite parties No.2 to 4 on the public way vide order dated 9.6.2005. It is averred in the petition that the opposite parties No. 2 to 4 have not stopped their unauthorized and illegal work of repairing work in the public road an the matter is subjudice before the court of S.D.M. Therefore, this misc. application is filed praying that the S.D.M. concerned be directed to decide the case at the earliest.