RAM REKHA SINGH Vs. KUMAR NATHUNI SINGH

JUDGEMENT

(1.) This revision application by the petitioner has been filed for setting aside the order, dated 27.8.1999 passed by the learned Sessions Judge, Rohtas, in Cr. Revision No. 62/99 by which the learned Judge has been pleased to set aside the order, dated 20.1.1999 passed by the Sub-Divisional Magistrate, Sasaram in Case No. 1920(M)/96 by which opposite-party No. 1 was directed to remove nuisance from a public land bearing Plot No. 335.

(2.) The brief facts of the case giving rise to this application are that the petitioner filed an application on 22.9.1997 before the Sub-Divisional Magistrate, Sasaram stating therein that the petitioner has got his residential house on Plot Nos. 336 and 337 under Khata No. 34 of Village Semra, PS Sasaram and opposite-party No. 1 has got his house on Plot No. 349 under Khata No. 21 of the same village and PS. The further case of the petitioner was that earlier there was no septic latrine in the house of opposite- party No. 1, who used to discharge drain water of his house through Plot No. 335 which is admittedly a public land and thereafter, opposite-party No. 1 constructed a septic latrine without any soakpit in Plot No. 335 and water of the latrine was being discharged by newly- constructed kachcha drain touching main entrance of the petitioner to his house and opposite-party No. 1 also opened another kachcha drain for flow of water of his house and both the drains carrying water of latrine as well as water of house of opposite-party No. 1 were causing serious hardship to the petitioner to enter his house. On the aforesaid petition of petitioner, the learned Magistrate called for a report from the Circle Officer, Sasaram, who submitted his report (Annexure 2) and the learned Magistrate initiated a proceeding under Section 133 of the Code of Criminal Procedure (in short, "Cr PC") and opposite-party No. 1 was asked to remove nuisance and in case of his denial to file show cause.

(3.) Opposite-party No. 1 appeared and filed his show cause and after hearing both the parties and taking into consideration the evidence of record the learned Magistrate came to a conclusion that mere exists public nuisance due to encroachment of Plot No. 335 and by his order, dated 20.1.1999 directed opposite-party No. 1 to remove the said nuisance within a week from the date of the order.