Kasliwal, J. - (1.) The petitioners, who were running Harish Ice Factory at Ward No 8 of Khairthal District Alwar, have filed this petition challenging the order passed by Sub-Divisional Magistrate, Kishangarh, Bas District Alwar dated 29th July, 1980 and 13th January 1981 whereby their ice factory has been closed and inquiry is being held under Sec. 133
(2.) Certain business-men residing in the vicinity of the Ice Factory in question submitted a complaint that the ice factory in question was creating public nuisance in the locality and the police after making investigation submitted a report in the court of Sub-Divisional Magistrate for taking action under Section 133 Cr. P C. The learned Magistrate on 29th July, 1980 passed a conditional order for closing the ice factory with immediate effect and to show cause, if any against the aforesaid order on 4th August, 1980.
(3.) The petitioners, in pursuance to the aforesaid show cause notice submitted a detailed reply on 11th August 1980 pleading that it was an industrial area in which there were other factories doing their business. The Administrator, Municipal Board, Khairthal after making all the inquiries and giving notice and inspecting the site had granted a certificate on 29th October, 1979 to the petitioners for running the factory. A registration certificate was also granted by the District Industries Officer and the petitioners thereafter obtained a loan of Rs. 50,000/- from the State Cr. P C. Government and started the factory by investing their amount to the extent of Rs. 1,00,000/-. It was further pleaded that the tank for amonia Gas was fixed in a proper manner but on account of some technical difficulty the gas leaked out on 25th July, 1980 but the leakage was stopped immediately and no loss occasioned to any person Certain pleas regarding the fact that the complaint was hied malafide and a civil litigation was also going on between the parties, were also taken. The petitioners, therefore, prayed that the proceedings under Section 133 maybe dropped against them. The learned Sub-Divisional Magistrate after hearing the petitioners passed an order on 13th January, 1981, holding that he was entitled to pass such conditional order and was also entitled to hold inquiry on the merits.;