ANNAJI ATMARAMJI TAMBOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally.

(2.) By this application, the applicant has challenged order passed by the respondent No.1 - Tahsildar under Section 133 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C. "), whereby the respondent No.2 i.e. Chief Officer of the Municipal Council has been directed to demolish a structure in which the applicants and their predecessors claimed to be tenants. The applicants have also challenged judgment and order passed by the Sessions Court, whereby revision application was dismissed and the aforesaid order of the respondent No.1 - Tahsildar was confirmed.

(3.) The brief facts leading to filing of the present application are that the respondent no.3 i.e. the owner of the said structure received a notice on 27/10/2010, from the respondent No.2 - Chief Officer, Municipal Council under Section 195 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, asking the respondent No.3 to demolish the structure in question within seven days, since the said structure was dilapidated and there was possibility of loss of life and financial loss if the structure was not demolished. On 02/08/2011, the respondent No.3 applied before the respondent No.1 - Tahsildar for permission to demolish the structure, in view of the possibility of loss of life and financial loss. On this basis, the respondent No.1- Tahsildar initiated proceeding under Section 133 of the Cr.P.C. On 15/10/2011, the respondent No.1 - Tahsildar passed an order exercising power under Section 133 of the Cr.P.C. and directed removal/demolition of the said structure.