JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition filed under Section 482, Cr. P.C. has been preferred against order dated 15-10-1996 passed by the Additional Sessions Judge No. 2, Jodhpur, whereby he rejected the criminal revision petition filed by petitioner Jagdish, and maintained the order dated 16-8-1996 of the Additional District Magistrate City Jodhpur making absolute the conditional order passed under Section 133(1), Cr. P.C. directing the petitioner not to cause any public nuisance, to desist from keeping cows in his residential premises and further directed him to carry on his business of running a dairy at a place reserved by the Local Authority for such a purpose.

(2.) Briefly the relevant facts for disposal of this petition are that on 2-9-1994, non-petitioner Nos. 2 to 7, who are residents of Sector D, Sastri Nagar, Jodhpur submitted a criminal complaint under Section 133, Cr. P.C. against petitioner Jagdish, who is residing in plot No. D-2/A. Sastri Nagar, Jodhpur and one Roopa Ram, in whose favour, the U.I.T. Jodhpur had executed a Patta (lease deed) for the said plot for residential purposes, in the Court of the Additional District Magistrate City Jodhpur, with the averments that Jagdish and Rooparam have put construction on the said plot against the Rules without procuring any permission from appropriate authority. It was averred that they did not leave set back of 15 ft. width on the rear side of the plot. On the other hand the have constructed a Pucca Hall measuring 25 fit x 40 ft. on the rear side of the plot. Wherein they are keeping 30-40 cows and are running a dairy; that they have not made any adequate arrangement for the discharge of the urine and excreta of the cows, with the result, the acid of their urine percolates in the walls of the houses of neighbours which emits bad odour. They also prepared dung cakes on the roof of the said hall, which also give birth to flies and mosquitoes. Thus, they have created such an unhygienic condition and obnoxious atmosphere in the residential colony which has become injurious to the health or physical comfort of the community causing public nuisance. It was further averred that Jagdish and Rooparam have been allotted suitable land in milk-men colony for keeping their cattle folk but despite repeated requests of neighbours including non-petitioner Nos. 2 to 7, they have not stopped the said public nuisance. It was, therefore, prayed that proceedings under Section 133, Cr. P.C. be initiated against Jagdish and Rooparam and they be directed to remove their cows from plot No. 2D/A, Sastri Nagar, Jodhpur and to desist from carrying on the occupation of running a dairy there, to shift the same to a place so reserved by the Local Authority and to restore the hygienic condition of the locality immediately.

(3.) The Additional District Magistrate being prima facie satisfied of the averments made in the criminal complaint, which were supported by an affidavit and documents annexed thereto, and passed a conditional order directing them to desist from carrying on keeping cattle folk and selling their milk in the said premises within seven days and to show cause as to why the conditional order be not made absolute.