NARAYAN SAHU Vs. SUB DIVISIONAL MAGISTRATE JAIPUR

JUDGEMENT

(1.) Petitioner in this revision challenges the legality of the order dt. 10th of February, 1984, issued to him under S. 141 of the Criminal P.C. (hereinafter referred to as the "Code") in Case No. 14/51 of 1984 requiring the petitioner to remove the obstruction caused on the public place by 18th of February, 1984. The notice in question was in respect of Ac.O. 03 decimals of land pertaining to plot No. 1762, Khata No. 433 of mouza Chandipur. The main ground of attack is that the notice under S. 131(1) of the Code was never served on the petitioner and therefore, the direction under S. 141 of the Code is without jurisdiction. It is further contended that the alleged construction is at a distance of more than one hundred feet from the national highway and, therefore, by no stretch of imagination it will impair the free flow of traffic.

(2.) The lower court records reveal that on 30th of January, 1984, the learned Magistrate perused the reports of the Sub-Divisional Officer dt. 2-11-1983 and 9-11-1983; the report of the Tahsildar, Darpan, dt. 19-11-1983 and the report of the Block Development Officer, Rasulpur, dt. 28-1-1984 and was satisfied that the petitioner was in unauthorised occupation of Government land on a public place which could have been lawfully used by the public and such construction had caused obstruction to smooth traffic as well as created nuisance and annoyance to the physical comfort of the community. On being so satisfied the Magistrate directed the petitioner to remove such unlawful obstruction within a period of one week from the proclamation of the order and alternatively required the petitioner to appear on 10th of February, 1984, in case he had objection to the same, and to show cause as to why the order should not be made absolute. On 10th February, 1984, the learned Magistrate made the order absolute under S. 136 of the Code. On that date the petitioner had not appeared nor had he shown any cause, nor was there any evidence to show that the notice issued under S. 133(1) of the Code was sufficient. On 22nd of February, 1984, the learned Magistrate passed an order to the effect that the Block Development Officer, Rasulpur, be instructed to give effect to the order dt. 10-2-1984 and to remove the obstruction under section 141(2) of the Code within twentyfour hours.

(3.) Mr. Mohanty appearing for the petitioner contends that the entire proceeding is vitiated, inasmuch as the requirements of law have not been complied with and, therefore, the proceedings"/>should be struck down.