SURESH AND OTHERS Vs. SATISH AND ANOTHER

JUDGEMENT

(1.) Tersely the facts and material culminating in the commencement, relevant for the disposal of the instant petition and emanating from the record are that petitioners (1) Suresh Kumar son of Raj Singh, Prop. of M/s Shiv Ganga Stock, (2) Rajesh son of Balwan Singh, Prop. of M/s Khatri Stock and (3) Parmod son of Risal Singh, Prop. of M/s Sanjay Stock are dealing in the business of sale and purchase of Sariya, Sand, Stones etc. and other building material. They used to place/store the building material on the public place, on both the sides of the main road, creating hurdle in the free movement of students, other passengers and public at large. They were also stated to have violated the traffic rules and provisions of law.

(2.) Felt aggrieved, complainant-respondent Satish son of Jai Pal Arya (for brevity 'the complainant'), moved a petition for removal of pointed nuisance and unauthorized encroachment from the public place, invoking the provisions of Section 133 Cr.P.C.

(3.) Taking cognizance of the complaint, the Sub-Divisional Magistrate issued notice to the petitioners. Having completed all the codal formalities and after providing adequate opportunity to produce evidence and hearing the parties, the Executive Magistrate directed the petitioners to lift/remove the building material from the public place within a period of one month, vide impugned order dated 06.06.2011 (Annexure P-1).