D.K. Sinha, J. - (1.) The petitioners have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashment of the order dated 20.06.2007 passed by the Sessions Judge, Dhanbad in Criminal Revision No. 14 of 2007 by which the order dated 11.12.2006 passed by the Sub-Divisional Magistrate, Dhanbad was set aside in a proceeding under Section 133 Cr.P.C. in M.P. Case No. 1226 of 2003 with a direction to decide the proceeding afresh in the light of the evidence on record.
(2.) The brief fact of the case was that the Opposite Party No. 2 (Allauddin Mansoori @ Mansuri) first party initiated a proceeding under Section 133 Cr.P.C. by filing an application before the S.D.M., Dhanbad for removal of public nuisance alleged to be caused by the petitioners second party which was registered as M.P. Case No. 1226 of 2003.
(3.) The case of the Opposite Party No. 2 herein/first party of the proceeding was that he had purchased a part of building at Mauza Siulibari, PS Chirkunda within the District of Dhanbad vide registered sale deed No. 1124 and 1125 dated 24.05.1997 and came in peaceful possession. It was stated that towards west side of the purchased land there was a 4 feet wide alley from North to South and after the said alley the petitioners had purchased a building in which they were running a hotel under the name and style "Aftab Hotel". During reconstruction of the hotel the petitioners raised the plinth of the hotel building, as a result of which the plinth of the Opposite Party No. 2 became comparatively lower to that of the hotel. Because of such uneven levels, the waste materials of the hotel started flowing through the 4 wide alley. It was further alleged that such wastes and sewage used to stay in the alley and percolate in the well situated inside the premises of the Opposite Party No. 2 causing health hazard. The petitioners had constructed septic tank of latrines of the hotel in the said alley which used to carry obnoxious materials. A report was called for by the Sub Divisional Magistrate in the said proceeding and the Circle Officer by his letter No. 1180 dated 22.09.2003, after the spot verification, reported that it was not a case of public nuisance attracting the proceeding under Section 133 of the Code of Criminal Procedure and that the controversy was in the nature of civil disputes between the parties. The S.D.M., Dhanbad upon consideration of such report of the Circle Officer dismissed the proceeding in M.P. Case No. 1226 of 2003 on 25.09.2003, against which the Opposite Party No. 2 preferred Criminal Revision No. 278 of 2003 which was allowed by the 1st Additional Sessions Judge, Dhanbad on 01.07.2005 by setting aside the order passed by the Sub-Divisional Magistrate, Dhanbad and remanded the matter by formulating questions, whether the disputed alley forming the subject matter of the proceeding was used by the contesting parties and also by the other people of the locality or not and that whether the nuisance said to be created was a public nuisance or a private nuisance (Annexure-4).;