STATE OF MADHYA PRADESH Vs. MANJI RAGHU

JUDGEMENT

(1.) THE non applicants, Manji Raghu and Ramnik lal Rathore, are partners of Shri Swami Nerayarn Rice Mill, Rajnandgaon, (hereinafter referred to as 'the Mill1 ). The Mill is situated in Chowkadiyapara locality of the town of Rajnandgaon. On 30-5-1961, a number of inhabitants of the locality filed an application under Section 133 of the Coda of Criminal Procedure (hereinafter referred to as 'the Code') against the non applicants as owners of the Mill alleging that the husk (Kondha and bhusa) produced by the working of the Mill and the working of the Mill at night was injurious to the health and physical comfort of the community and prayed that the nuisance be removed.

(2.) THE Sub-Divisional Magistrate, Rajnandgaon, holding that the flying of the husk as well as the working of the Mill at flight was a nuisance injurious to the health and physical comfort of the inhabitants of the locality conditionally ordered the non-applicants to remove- the aforesaid nuisance within forty-five days. The conditional order directed that a 30 ft. wall enclosure be erected and a shed be made at the place from where the husk is ejected. It further directed that the Mill should stop working between 10 p. m. and 5 a. m.

(3.) THE aforesaid order was challenged in revision before the Sessions Judge, Durg, at Rajnandgaon, in so far as the direction regarding the stopping of the Mill between 10 p. m. and 5 a. m. was concerned. The order directing the bewildering of a wall enclosure and a shed to prevent the husk from flying out was not challenged.