BIJAY KUMAR DAS Vs. PRAMOD CHANDRA RATH

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel appearing for the opposite party. The learned counsel for the opposite party files counter to the petition dated 28.10.2014 filed by the petitioner for deputing an advocate commissioner to inspect the spot and ascertain the actual state of affairs regarding the nuisance created by the opposite party.

(2.) IN this revision, the petitioner, being the 1st party member in criminal Misc. Case No. 712 of 2013, which is a proceeding under Section 133 of the Cr.P.C. assails the order of learned Addl. DCP -cum -Executive Magistrate, Cuttack on 03.03.2014 dropping the proceeding and vacating interim order passed earlier.

(3.) THE case of the petitioner, in brief, is that the petitioner is an inhabitant of the lower policy colony near the wireless office over the aforesaid described plot. The said plot is situated in a peaceful residential area. A school, namely, Saraswati Sishu Mandir is also situated near the Plot No. 87. Police Officer quarters are also situated there since long. The river Mahanadi is 300 meters distance from his residence. In between the residential plot of the 1st party member and the school, a star hotel namely "Pramod Convention and Club Resort" belonging to the 2nd party member has been established in the year 2011 -12 over he same plot towards west, which is bi -plot of plot No. 87 and the aforesaid hotel is constructed adjacent to the residential plot of the 1st party member.