AJEET MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the order dated 4-9-1982 passed by the learned Additional Sessions Judge No. 2, Jodhpur City Jodhpur.

(2.) The brief facts giving rise to this revision petition are that a complaint was filed by Shri M.M. Mehta a resident of P.W.D Colony, Jodhpur to the effect that the non petitioners are doing business of fodder am are stocking this fodder namely, Chipta, Pala Kutrar Khakla and grass at plot No. 113-C P.W.D. Colony, Jodhpur. It was also alleged that in the course of their business the non-petitioners bring different kinds of fodder in huge quantity through truck and tractors and stock on this plot. The residents on account of stocking of the fodder suffer physical discomfort and it is a health hazard for the residents of whole of the colony. Therefore, it was prayed that this nuisance should be removed from the area.

(3.) A return was filed by the non-petitioners and it was alleged therein that the complainant is not the neighbour to the place of their business and they are doing this business since 1979-80. They also denied the allegation of bringing of the fodder every day in trucks, tractors and trollies. It is also alleged that there is 10' wall in between the house of the complainant and the place of their business, where the fodder is kept and the complainant is not likely to be inconvenienced. It was also denied that it is going to cause nuisance to all the residents of the locality. It is also alleged that this plot was taken by the non-petitioners on a monthly rent of Rs. 600/-. It was also alleged that when in the year 1980 Mr. Mehta complainant constructed his house, they vacated half of the plot voluntarily.