BENI MADHAB SAPUI Vs. JADU NATH SAPUI

JUDGEMENT

(1.) This is a Rule calling upon the District Magistrate and the opposite party to show cause why the order complained of should not be set aside on ground No. 1 of the petition and also on the facts stated in para. 9.

(2.) The order complained of was an order made by a Deputy Magistrate of Alipore by which the petitioners were directed to remove an alleged obstruction from ascertain waterway or canal.

(3.) Ground No. 1 was as follows: "That the learned. Additional District Magistrate was wrong in holding that the notice of the conditional order under Section 133, Cr. P.C., was legally served upon the petitioners and that Secs.134(1) and 71, Cr. P.C., render such service valid." The facts stated in para. 9 of the petition were that there was no personal service upon the petitioners nor was there any proclamation as prescribed by law.