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4. After hearing both the sides, the revision applications were dismissed by the learned Additional Sessions Judge by a common order dated 30.5.2014 holding that the order dated 22.10.2012 passed by the S.D.M. was neither ig illegal nor was passed by abdicating his responsibility and that it disclosed subjective satisfaction of S.D.M. about existence of public nuisance, as contemplated under Section 133 Cr.P.C.

fledged inquiry by recording detailed evidence, a short inquiry in which evidence of necessary witnesses including of the witnesses produced by the affected person is taken and such person is also heard on his defence, is required to be held by the Magistrate. In other words, the power conferred upon the Magistrate is sourced from rule of law, the abiding constitutional principle enshrined in Articles 14 and 19 of Constitution of India, fueled by application of mind on the part of the Magistrate and sustained by reason. Such being the nature of the power, there is no scope for arbitrariness nor abdication of responsibility by the Magistrate.

11. It is well settled law that when power is conferred by statute upon an authority, the power must be exercised only by that authority alone and by nobody else. This is rule against abdication of power. If such authority abdicates his authority to exercise his power in favour of some other person or authority, it would be a non-exercise of statutory power. When an order is passed ostensibly by a statutory authority on the dictates of some other authority, it would only mean that the order apl664.14 has been passed in substance not by the statutory authority but by the other authority not empowered to exercise that power. This is not permissible under law.

16. In addition to above illegalities, there is yet another mistake committed. The learned S.D.M. has abdicated his responsibility to independently exercise his power under Section 133(1) read with Section 138 Cr.P.C. in favour of Hon'ble Minister for Environment and Cultural affairs and I must say that the learned S.D.M. too on his part, shows not much hesitation in admitting such abdication of power by him. Therefore, this is a case of non exercise of statutory power by the learned S.D.M. resulting from breach of rule against abdication of power.