- (1.) The petitioner in this WP under art.226 dated December 19, 2011 is questioning an order of the Sub-divisional Executive Magistrate, Arambagh, Hooghly dated December 7, 2011 (at p.20) passed under s.133 of the Code of Criminal Procedure, 1973.
(2.) The impugned order reveals as follows. The SDEM received information from a BDO that the petitioner encroached on a Panchayat road. In presence of the petitioner, who wanted demarcation, the road was demarcated and the Amin taking the measurements concluded that the building of the petitioner encroached on the Government road.
(3.) Noticing the above-noted facts the SDEM passed a conditional order under s.133(1)(a) directing the petitioner to remove the unlawful obstruction from the public place within seven days from the date of receipt of the order and asking him, if he had reasons to object to the order, to appear on December 16, 2011 and show cause under s.135 why the order should not be made absolute. Mr Banerjee appearing for the petitioner submits as follows. Without drawing up the requisite proceedings and taking down evidence, the SDEM passed the final order straight directing the petitioner to remove the construction in question. The order was passed in contravention of the provisions of s.133 and the principles of natural justice. It is incorrect to say that the petitioner encroached on any Government road. In any case, the petitioner was entitled to adduce evidence in proof of his case.;