GHULAM MOHAMMAD WANI Vs. GHULAM MOHAMMAD WANI

JUDGEMENT

(1.) Order passed on 14th of December, 2016, purportedly in exercise of powers conferred by Sec. 133 Cr. P. C, whereby Executive Magistrate 1st Class, Bandipora, had directed severing of mulberry tree at village Sumlar Shokhbaba Tehsil and District Bandipora, came to be challenged before the Court of Sessions Judge, Bandipora, by medium of a revision petition which was disposed of vide order dtd. 23/3/2017 by setting aside order passed by Executive Magistrate. Thereafter the Executive Magistrate, after serving notice to the other side, passed a conditional order on 7/6/2017 forming Annexure-III to the instant petition, order was passed after serving a notice to the present petitionerand he was directed to remove the nuisance within a period of 15 days.

(2.) Against the said order dtd. 7/6/2017 passed by Executive Magistrate, a revision petition came to be filed before the Court of Principal Sessions Judge, Bandipora, which is stated to be pending before the said Court, nonetheless the fact that the Executive Magistrate thereafter has passed final order on 18th of December, 2017. Prior to it, a petition had been filed under Sec. 561-A Cr. P. C by the present petitioner in which order dtd. 23/3/2017 passed by the learned Principal Sessions Judge, Bandipora, was challenged. This Court, in terms of order dtd. 20/11/2017, while taking notice of the fact that conditional order was passed on 7th of June, 2017 and the revisional court having stayed operation of the order on 19th of June, 2017, disposed of the petition with the following observation:

(3.) The grievance projected in terms of instant petition is that the revision petition has become infructuous and the learned Principal Sessions Judge ought not to have continued with the proceedings after the order was passed by this Court coupled with the finding of the Executive Magistrate while passing final order.