DEVSINGH Vs. S D M TARANA

JUDGEMENT

(1.) This revision petition is directed against the order dated 4-2-1986 passed by the learned Sub-Divisional Magistrate, Tarana, District Ujjain, whreby the petitioners' three applications respectively for cross-examination, for analysis of the water and for challenging the jurisdiction to pass repetitive orders under S.144 of the Code of Criminal Procedure 1973 (for short 'the Code') have been dismissed.

(2.) The circumstances giving rise to this petition are these. The learned Sub-Divisional Magistrate, Tarana on 6-12-1985 passed an ex parte order under S.144(1) of the Code preventing inhabitants of the villages on the banks of river Kalisindh from fetching or taking water for the purpose of irrigation, from the reservoir at Birgod. The petitioners challenged that order in this Court in Criminal Revn. No. 351 of 1985. This Court found that the learned Sub-Divisional Magistrate without affording any opportunity of hearing to the persons concerned had passed the impugned order. Therefore, setting aside the impugned order of the learned Sub-Divisional Magistrate, it was directed that in view of the public importance of the matter, the parties shall appear before the learned Sub-Divisional Magistrate positively at 11.00 a.m. on 9-1-1986.

(3.) The Court also directed the Sub-Divisional Magistrate, Tarana to cause notices to be served by any mode to the inhabitants of the connected villages to appear before him on that date and make their submissions with regard to passing of any, lawful order regarding irrigation from Birgod lift irrigation scheme water supply.