MURLIDHAR BHILA PATIL Vs. ONKAR VYANKAT PATIL

JUDGEMENT

(1.) THIS is an application filed by the applicant against the order passed by the learned Additional District Magistrate, East Khan-desh, dismissing his revision application preferred against the order passed by the learned Sub-Divisional Magistrate, Amalner Division, allowing the application made by opponent No. 1 by which ho claimed reliefs under Section 133 of the Criminal Procedure Code.

(2.) IT appears that on 21-11-57 Opponent No. I Onkar Vyankat Patil, applied to the District Magistrate, East Khandesh at Jalgaon complaining that the flour mill owned by the petitioner Murlidliar Bhila Patil and which was installed close to his house was a cause of nuisance to him as also to the other residents in the locality. He alleged that the operation o? the flour mill created vibrations and those vibrations were likely to cause danger to the people residing nearby.

(3.) AFTER due enquiry into the allegations made by the Opponent No. 1, the Additional Dis-trict Magistrate, East Khandesh at Jalgaon forwarded the papers of the case to the Sub-Divisional Magistrate, Amalner Division for taking action. under Section 133 of the Criminal Procedure Code. Proceedings under that section, accordingly, were started and a conditional order directing the flour mill owner to remove the mill within a period of two months or to appear before the Sub-Divisional Magistrate, Amalner Division, to show cause why that order should not be enforced was issued on 14-8-58. The petitioner appeared before the learned Sub-Divisional Magistrate and pleaded that he did not want to remove the flour mill as directed by the order in as much as according to him the working of his mill did not cause any nuisance as alleged.