A.M. Khanwilkar, J. - (1.) Leave granted.
(2.) This appeal emanates from the order passed by the Additional City Magistrate (Second), Kanpur Nagar in a proceeding under Section 133 of the Code of Criminal Procedure, 1973, directing the appellants to demolish the portion of premises No. 133/771-H-5, Nayapurwa, T.P. Nagar, Kanpur Nagar which was in ruined condition and likely to collapse.
(3.) The Magistrate vide order dated 13th October, 2010 called upon the appellants to remain present and show cause in that regard. The appellants did not file any objection or produced evidence to rebut the factual position. They even did not appear before the Magistrate. Resultantly, the Magistrate passed a final order on 22nd December, 2012. Relevant portion thereof reads thus : ".....Having been prima facie satisfied with the said court issued conditional order dated 13.10.2010 under section 133(1) Cr.P.C. and having served on the respondents on 18.11.2010, it has been received back on record. No any objection or evidence was adduced on behalf of respondents and nor they appeared in the court. Thereafter, report was obtained from the Nagar Nigam. Executive Engineer, Zone-3, Nagar Nigam Kanpur Nagar submitted its report dated 22.10.2012 wherein, it has been mentioned that the above-said building is quite old and in ruined condition, its roof has been laid with old Dhannis. Orders are issued for demolish the portion of premises No. 133/771 H-5, Nayapurwa T.P. Nagar which is in ruined condition and likely to collapse and portion of which is under the ownership of Smt. Omanju Sharma for demolishing the same. One copy of the order to Inspector In-charge, Police Station Babupurwa and one copy be forwarded to the Deputy City Commissioner, Zone-3, Nagar Nigam for compliance. File be consigned to record room after initiating necessary proceedings.";