HANUMAN PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under s. 482 Cr. P. C. arises out of the order of the learned Addl. District Magistrate Jodhpur dated 11. 2,1988 whereby the learned Addl. District Magistrate has ordered that non-petitioner No. 2 Shri Madanlal will not use his Floor Mill, Saw Mill and Kherat Machine, which are installed by him in Plot No. 27, Subhash Colony, Jodhpur. However, the petitioners were ordered to produce their evidence. It is this order of produc-tion of evidence, which is under challenge in this petition.

(2.) THE facts necessary to be noticed for the disposal of this petition briefly stated are that the petitioners moved an application against non-petitioner No. 2 Shri Madanlal complaining that he has installed a Floor Mill, Saw Mill and Kherat Machine in Plot No. 27, Subhash Colony, Jodhpur which create nuisance to the habitants of that locality and, therefore, he may be asked to stop the use of those machines as these machines have not been installed by him after obtain-ing No Objection Certificate from the Competent Authority. On this application, proceedings under s. 133 Cr. P. C. were initiated. A preliminary order was drawn and the non-petitioner was directed to stop the use of those machines. He was further asked to show cause as to why this order should not be made absolute. This order was passed on 14. 1. 88 18. 1. 88 was fixed for filing reply. However, not-hing could be done by 18. 1. 1988. because the notices were not served. However, on 2. 2,1988 Shri R. K. Chhaparwala, Advocate filed power on behalf of non-peti-tioner Madanlal. On 9. 2. 1988, the Additional District Magistrate was on leave and thereafter, the case was listed for orders on 11. 2. 1988 and on that day, the non-petitioner did not file his reply and therefore, the Court felt that as no reply has been filed, the non-petitioner should not cause nuisance till further orders. However, the petitioners were asked to produce their evidence. THE petitioners have filed this petition challenging the direction of the learned Addl. District Magistrate asking them to produce their evidence,