Bombay High Court
Altaf S/O Asir Shaikh vs The District Magistrate, Chandrapur ... on 14 January, 2020
Author: Madhav J. Jamdar
Bench: S.B. Shukre, Madhav Jayajirao Jamdar
1/2 924 cr wp 30.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO.30 OF 2020
Altaf S/o Asir Shaikh
VS.
The District Magistrate, Chandrapur and Ors..
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
Appearances, court's
orders or directions and
Registrar's orders
Mr. Firdos Mirza, learned counsel for the petitioner.
Mr. A.D. Sonak, learned A.P.P. for respondent Nos.1 and
3/State.
CORAM : SUNIL B. SHUKRE AND
MADHAV J. JAMDAR, JJ.
DATE : 14.01.2020.
Heard Mr. Mirza, learned counsel for petitioner.
Learned counsel for the petitioner's basic contentions are that the impugned order passed under Section 133 of the Cr.P.C. is without jurisdiction as the learned District Magistrate has no power to exercise his jurisdiction against the State and the impugned order directing clearance of alleged nuisance is nothing but an order effectively issued against the State because whatever work carried out by the petitioner is a contracted work initiated by the State and that the District Magistrate has failed to distinguish between inconvenience to the members of public and nuisance as such, as contemplated under Section 133 (1) (a) to (f) of ::: Uploaded on - 20/01/2020 ::: Downloaded on - 09/06/2020 10:51:18 ::: 2/2 924 cr wp 30.20.odt the Code of Criminal Procedure. According to him, carrying out of a contractual work does not amount to any unlawful obstruction or nuisance or an act prohibited by law or authorities or it is not a conduct which is injurious to the health or physical comfort of the community or it does not amount to disposal of any substance as is likely to occasion conflagration or explosion or it is not a case where any building, tent or structiur, any tree etc. is in such a condition that it is likely to fall and thereby cause injury to any persons or that it is not a case where any tank, well or excavation adjacent to any such way or public place should be fenced to prevent danger arising to the public or that any dangerous animal should be destroyed, confined or otherwise disposed of.
Issue notice for final disposal at admission stage to the respondents, returnable on 04.02.2020.
Learned APP waives notice for respondent Nos. 1 and 3.
Meanwhile, there shall be interim relief in terms of prayer clause(d) until further orders.
JUDGE JUDGE
Manisha
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