- (1.) M/s R. K. Lottery Trading Co Pvt. Ltd, has filed the present writ petition impugning an order of the Additional District Magistrate (Finance and Revenue) Jhansi dated 1 August, 1994. Annexure-7 to the writ petition This is an order passed under section 144 of the Code of Criminal Procedure 1973, by which the Addl. District Magistrate, aforesaid, has ineffect, regulated crowd which surround kiosks and stalls of lottery ticket sellers in public places.
(2.) THE contention in the writ petition is simply this that repeatedly such power cannot be used and this affects the fundamental right of the petitioner to do business which, otherwise, has neither been declared as irregular nor illegal. Thus, it is contended, an order of the nature impugned directly affects the petitioner's right to trade and do business, as a lottery seller. The Court is not inclined to interfere with this order for any other reason than mentioned in section 144, reproduced hereinafter : 144. Power to issue order in urgent cases of nuisance or apprehended danger.-(1) In cases where, in the opinion of a District Magistrate, a Sub- Divisional Magistrate, or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life health or safety or a disturbance of the public tranquility, or a riot, or an affray. (2) An order under this section, may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed, ex parte. (3) An order under this section may be directed to a particular individual or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof ; Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or Safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him, or by his predecessor- in-office. (6) The State Government, may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4). (7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate or the State Government, as the case may be shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order ; and if the Magistrate or the State Government, its the case may be, rejects the application wholly or in part, he or it shall record in writing his reasons for so doing". The power which may be exorcised by a Magistrate to issue an order under section 144, provides for an avenue for a party aggrieved by such an order, to go to the authority concerned and make a grievance of it by either having the order rescinded or altered. In this regard, reference may be had to sub-clause (6), as also sub-clause (1) by which a person aggrieved may seek redressal from the State Government. If the petitioner considers himself to be a person aggrieved within the meaning of section 144, aforesaid, then on what he contends before this Court, he may, if he so desires, take the subject of his grievance before the State Government.
(3.) IN these circumstances, there is no occasion for the Court to interfere with the order of the Additional District Magistrate (Finance and Revenue) Jhansi, and consequently, the Court declines to issue a writ on this petition. Thus, the writ petition is dismissed.;