SUDHAKAR VITHALRAO WELANKIWAR Vs. LIBERTY SERVICES AND OTHERS

JUDGEMENT

(1.) THIS is an application filed by the petitioner under Article 227 of the Constitution and under section 482 of the Criminal Procedure Code, 1973, praying for quashing of a preliminary order passed by the Sub -Divisional Magistrate, Chandrapur, under the provisions of section 133(1)(d) of the said Code.

(2.) IT is not in dispute that the respondent No. 1 is a tenant in one block of a building owned by the petitioner in Chandrapur town and the respondent No. 1 is running a cloth shop in that tenanted portion. It appears, there have been disputes going on between the landlord and the tenant and it appears the landlord has been trying to evict the tenant by taking proceedings before the Rent Controller, while the tenant -respondent No. 1 has been trying to checkmate the landlord and in this respect he filed an application on 5 -3 -1979 under section 16 of the C. P. and Berar Letting of Houses and Rent Control Order, 1949, before the Rent Controller, on the allegation that the roof of the shop in occupation of the applicant (in that proceedings) was leaking due to deliberate act of the present applicant -landlord and this leakage was required to be stopped immediately. It is stated that this application has been pending since long before the Rent Controller, without any orders. Thereafter, it is not disputed that in the early hours of 13 -7 -1981 half portion of the roof of the block of the non -applicant No. 1 fell down. The non -applicant No. 1, thereafter, on 20 -7 -1981 filed an application before the Sub -Divisional Magistrate, Chandrapur, under section 133(1)(d) of the Criminal Procedure Code, 1973, putting forth these facts and then saying further in para 3 of the application.

(3.) ON 21 -7 -1981 the Sub -Divisional Magistrate, Chandrapur passed an order which is not impugned in the present application. This order addressed to the present non -applicant No. I only styles itself as an order under section 133(l)(d) of the Criminal Procedure Code and is as follows: -