SAXENA, J. - (1.) THIS petition filed under Section 482 Cr. P. C. by the petitioners, has been directed against the notice dated 23. 9. 93 under S. 141 Cr. P. C. issued by the learned Additional District Magistrate, Churu, against the petitioners directing them to deposit an amount of Rs. 11,540/- by 5. 10. 93 as per estimate for the estimated cost of constructing a tank for storing the dirty water discharged by them and for filling the drain caused by them on the public way.
(2.) BRIEFLY the relevant facts for the disposal of this petition are that on an application dated 21. 3. 88 filed by the non- petitioner, proceedings u/s. 133 Cr. P. C. were drawn against the petitioners and a conditional order under S. 133 (1) Cr. P. C. was passed on 30. 3. 88 against them and after enquiry in accordance with law, the learned A. D. M. vide his order dated 24. 12. 92 made the conditional order absolute under Section 138 (2) Cr. P. C. and directed the petitioners to remove the public nuisance caused by them. The learned Sessions Judge, Churu vide his order dated 8. 4. 93 dismissed the revision petition filed by the petitioners. Aggrieved by the order of the learned Sessions Judge, the petitioners filed S. B. Criminal Misc. Petition No. 256/93 under S. 482 Cr. P. C. in this court, which was dismissed vide order dated 23. 5. 94 as not pressed. Thus, the absolute order dated 24. 12. 92 has become final. The learned A. D. M. issued a notice under S. 141 (1) Cr. P. C. to the petitioners, which was served on them on 24. 7. 93 but they did not comply with the absolute order and did not remove the public nuisance caused by them by discharging filthy water from the eastern side of their house. The learned A. D. M. got prepared the estimate of expenditure from the Municipal Engineer for removing the public nuisance caused by the petitioners on the public way namely for filling of the drain/pit and for constructing a 'pucca' tank for the storage of filthy/dirty water discharged by them. The Municipal Engineer submitted an estimate for an amount of Rs. 11,540/ -. The learned A. D. M. thereafter issued the impugned notice dated 23. 9. 93 Annex. 2. Hence this petition. During the course of arguments, on the submission of Shri K. N. Joshi that reasonable time be granted to the petitioners to fill up the alleged trench existing on the public crossing and lane in front of the house of non-petitioner Mohd. Ali and to comply with the absolute order dt. 24. 12. 92 and with a view to finish the long standing dispute between the parties, this court by its order dated 13. 9. 94 granted thirty days' time to the petitioners to comply-with the absolute order. The Commissioner, Municipal Board, Churu was also directed to inspect the site and submit his report as to whether the petitioners have complied-with the absolute order or not. The Executive Officer, Municipal Board, Churu vide his letter dated 20. 12. 94 informed that the petitioners have neither changed the flow the discharge of filthy/dirty water of their house nor filled the 'nali', which has been caused on the public street. The Executive Officer again inspected the site in pursuance to the Dy. Registrar (Judl.)'s letter dated 28. 12. 1994 and submitted the site plan as also a detailed report, wherein he has reported that the petitioners by constructing a 'nali' on the southern side of their house, have now changed the flow of the discharge of the water towards the western side. He has further reported that the discharge of dirty/filthy water from the house of the petitioners on the northern side, which flows on the public way, is still continuing and thus, the said public nuisance has not been removed by the petitioners; that they have also not constructed any 'nali' adjacent to their house for the said discharge and that they have not fully complied-with the absolute order dated 24. 12. 92. (3a ). I have heard the learned counsel for the parties and carefully perused the relevant record. A perusal of the record of the learned lower court unmistakably reveals that the petitioners are deliberately avoiding the compliance of the absolute order dated 24. 12. 92 for last so many years and causing public nuisance. Section 141 (2) Cr. P. C. proclaims that if such act, as enumerated in the absolute order, is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction. The learned Additional District Magistrate gave ample opportunity to the petitioners to comply with the absolute order, directing them not to discharge filthy/dirty water from their house which had caused trenches and pits and accumulation of water on the public street and the crossing causing public nuisance to the non petitioner and other inhabitants of the locality. The learned Magistrate has not committed any illegality in sending for the estimate for making the compliance of the absolute order and in directing the petitioners to deposit the said amount of the estimate. This order being an ancillary order to the absolute order is neither illegal nor without jurisdiction. If a person by discharging filthy/dirty water from his house causes public nuisance on the public way/crossing resulting in formation of pits and accumulation of water causing inconvenience to the traffic or inconvenience to the smooth flow, it is not at all the duty of the Municipality to bear the expenditure to remove such public nuisance. Therefore, the case of Municipal Council, Ratlam vs. Vardhichand and Ors. (1), cited on behalf of the petitioners does not render any assistance to them because the facts of that case were diametrically opposite to the facts of the case on hand. Hence for the reasons mentioned above, I am of the considered opinion that it is not at all a fit case for invoking the inherent jurisdiction of this court for quashing the impugned notice dated 23. 9. 93, Annex. 2. Accordingly, this petition is hereby dismissed. The record of the learned lower court be immediately sent back. ;