- (1.) Heard Sri D.S.P.Singh learned counsel for the revisionist and Sri D.K.Srivastava, the learned counsel appearing on behalf of the respondent no.2 and have been taken through the record.
(2.) By means of present revision, the revisionist has challenged the judgment and order dated 28.8.2003 passed by the Divisional Magistrate Chandauli (Sadar) in Case No. 19/25/33 of 2002 (State Vs. Shiv Pujan & others) pursuant to the challani report submitted by the police under section 133 Cr.P.C dated 14.6.2000 confirming the conditional order dated 20.6.2001 passed by the Divisional Magistrate Chaudauli (Sadar).
(3.) The fact in a short conspectus of the case is that the local police sent a chalani report dated 14.6.2000 under section 133 Cr.P.C. mentioning therein that drainage of Narendra Singh was closed by Ram Poojan, the revisionist and Sheo Poojan the opposite party no.4 with malicious intention as a result of which dirty water of the drain was obstructed causing pollution and contagious disease. The Naib Tehsildar submitted a report dated 31.1.2001 for removal of certain encroachment which was challenged by the opposite party no.3 Ramawati Devi before this Court by means of Civil Misc. Writ Petition No. 17638 of 2001 (Ramawati Devi Vs. District Magistrate & others) . The said writ petition was disposed of vide order dated 9.5.2001with direction to the District Magistrate Chandauli to decide the representation within six months. In the meantime the said drain was got opened on 22.7.2000 by the police but the revisionist and the opposite party no.4 again got the same closed on 10.6.2001 which created foul atmosphere due to accumulation of filthy water causing obstruction in the flow of dirty water of the opposite part nos. 2 & 3 and other persons. The opposite party no.3 Rama Devi moved an application on 8.8.2001 that Narendra Pratap Singh & his father Jagat Narain Singh & others have got a boundary wall constructed on the plot no.408 belonging to Gaon Sabha. The opposite party no.3 has got a hand pump installed on some part of plot no.408 which was also taken into possession by the opposite party no.2. The District Magistrate Chandauli had passed the order dated 15.10.2001 in compliance of the order dated 9.5.2001 of this Court . The opposite party no.3 Smt. Rama Devi filed an application for impleadment on 5.8.2001 in the proceeding under section 133 Cr.P.C. enclosing a copy of the order dated 9.5.2001 which was rejected by the Sub-Divisional Magistrate on 20.12.2001. Smt. Rama Devi the respondent no.3 filed a revision no.50 of 2002 (Smt. Ramavati Devi Vs. State of U.P. and others) challenging the order dated 20.12.2001 which was disposed of on 10.1.2002 with a direction that the Sub-divisional Magistrate Sadar Chandauli shall consider the impleadment application made by Smt. Ramavati Devi and others) afresh with all documentary evidence . On the basis of which the Sub-divisional Magistrate Chandauli shall pass the suitable order in accordance with law. The sub-divisional Magistrate has passed the impugned order dated 28.8.2003 pursuant to the challani report submitted by the police whereby the order dated 20.6.2001 was confirmed.;