G.L.Gupta. J. - (1.) - This misc. petition is directed against the order dated 22-6-1998 passed by the learned Additional Sessions Judge No.2, Udaipur, whereby he dismissed the criminal revision of the petitioners and upheld the order dated 15-6-1998 of the learned AddI. District Magistrate (City), Udaipur, in proceedings under Chapter X of the Code of Criminal Procedure, 1973.
(2.) The brief facts of the case are these the petitioners after obtaining a licence on 4-5-1992 for a period of 30 years from the Municipal Council, Udaipur, installed amusement rides at Sukharia, Circle, Udaipur. The amusement rides included Bumper Boat, Paddle Boat etc. On 7-9-1995, the A.D.M. (City) Udaipur recorded an order under Section 133 Cr. P.C. that the amusement rides attracted the public of Udaipur, particularly children in large number at Sukharia Circle, situate on National Highway, which was causing obstruction in the public way and there was risk of accidents. He passed conditional order under Section 133, Cr. P.C. for removal of nuisance. Notices were served on the petitioners on 18-9-1995, which required that they remove the nuisance from the public place within one week or to show cause on 20-9-1995.
(3.) The petitioners, instead of appearing before the ADM, approached this Court by filing writ petition No. 3184/95 in which, it was directed on 199-1995 that the operation of notice Annexure 6 shall remain suspended and status quo regarding possession be maintained. The petitioners appeared on 20-9-1995 before the Additional District Magistrate and filed a copy of the order of this Court dated 19-9-1995.;