STATE OF M.P. Vs. MUNICIPAL COUNCIL RATLAM

JUDGEMENT

(1.) 1. This is a reference made by the Additional Sessions Judge Ratlam, for quashing the order dated 23rd February 1976 passed by the Sub -Divisional Magistrate Ratlam.

(2.) THE applicants before the Sub -Divisional Magistrate who are citizens and owners of houses in New Road Ratlam submitted an application before the Sub -Divisional Magistrate on 1 -5 -1972 under section 133 of the Code of Criminal Procedure for a direction against the Municipal Council Ratlam and Town Improvement Trust Ratlam for removal of nuisance. The nuisance alleged by the applicants has been categorized by the learned Sub -Divisional Magistrate after consideration of the matter in his conditional order dated 2 -8 -1972 : -

(3.) SO far as the question of modification of the conditional order is concerned, the learned Additional Sessions Judge felt that Direction No.1 which was contained in the conditional order and is also contained in the final order has been substantially modified. In fact, there is hardly any modification in substance. Direction No.1 in the conditional order and the final order remains the same and it could not be contended that it was modified so as to make a new direction of which the petitioners before the Sessions Court had no notice. Direction No.1 contained in the conditional order reads: