RAM LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners have filed the present revision against the order dtd. 11/12/2024 passed by learned Sub Divisional Magistrate (SDM), Rohru, District Shimla, H.P., vide which the conditional order passed under Sec. 152 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), was made absolute. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present revision are that residents of Upper Gangtoli made a complaint to the learned Sub Divisional Magistrate (SDM), Rohru, District Shimla, HP, asserting that the Department of JSV was laying a sewerage line in the area. Prem Dayal is also one of the beneficiaries. He executed an affidavit for the construction of a sewerage line on his property; however, he subsequently objected to the installation of a pipeline on his land. He was requested to allow the laying of the sewerage line, but he did not agree. Therefore, it was prayed that an appropriate action be taken against him.

(3.) Learned SDM, passed an order under Sec. 152 of BNSS, that the respondent was obstructing the laying of a sewerage line, he had constructed a building in the area in such a manner as would lead to permanent blockade of the line, which act amounted to public nuisance; hence, he was directed to appear before the Court on 23/9/2024.