SUMER SINGH Vs. SANITARY INSPECTOR OF BAURIA

JUDGEMENT

(1.) This Rule is directed against an order made under Section 137, Criminal P.G. by a Magistrate, 1st Class, Uluberia, by which a certain, conditional order under Section 133 of the Code was made absolute. The Sub-divisional Magistrate, Uluberia, made the conditional order in which the petitioner was alleged to have caused nuisance by erecting khatals on either side of the Bauria Cotton Mills, Ferryghat Road, in the midst of an inhabited locality. The petitioner was required to remove the nuisance by a specified date or to move to have the order set aside or modified. The futher allegation against the petitioner was that the filth which accumulated in the place resulted in inconvenience to members of the public and the health and the sanitation of the locality was adversely affected by the nuisance thus caused.

(2.) The petitioner appeared and showed cause against the aforesaid conditional order and his case seems to be that the allegations did not justify action under Section 133, Criminal P. C. His further case was that in any event the plot of land where the khatals were situate was private property and that being so, Section 133 of the Code did not in terms apply.

(3.) Evidence was recorded by the learned Magistrate in proof of the circumstances giving rise of the proceedings against the petitioner as respects the existence and extent of the nuisance caused by the khatals. A sub-deputy Magistrate who was at the material time the Circle Officer, Uluberia, was called to give evidence in the case and he deposed that there was no outlet or any sort of device for the clearance of the filth and foul water accumulating in the khatals. This evidence was supported by that of the Sanitary Inspector who deposed that he had made enquiry on the spot and stated that there were houses and buildings in the vicinity including a temple which was not far off from the place. The evidence taken as a whole suggests that people in the neighbourhood -and users of the road suffered as a result of the nuisance.