RAI UDYOG LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the rival parties.

(2.) The petitioner - Company has approached this Court challenging notice dtd. 28/6/2021, issued by the respondent No.1 i.e. the State through Police Officer In-charge, Sadar Police Station, Tahsil and District - Nagpur, whereby the respondent No.1, exercising power under Sec. 149 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), has restrained the petitioner - Company in carrying out construction on a piece of land, which according to the petitioner - Company is owned by it, until an appropriate order is obtained from the competent Court in that regard. It is recorded in the impugned notice that the aforesaid direction was given in the backdrop of a law and order situation created due to the alleged existence of a Dargah on a part of the said land.

(3.) When this petition was taken up for consideration, learned counsel Mr. Akhtar holding for Mr. A.H. Jamal, learned counsel, submitted that an application for intervention bearing Criminal Application (APPW) No.24/2022, was filed in this petition on behalf of seven applicants, who claim that they have a right to be heard in the present petition.