SHRI PRITHI RAJ SARMA Vs. SHRI RID KARAN SARMA @ SURANA

JUDGEMENT

(1.) This is an application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure impugning the order of the Executive Magistrate refusing to start a proceeding under Sec. 144 Cr. P.C.

(2.) The petitioner is a tenant of the opposite party No. 1 occupying a room and he alleges that earlier there was electricity and water supply in that room provided by the landlord opposite party No. 1. In the month of Dec., 1981 the petitioner along with his family went to Kanpur keeping the room under lock and key, but on his return on 5-6-82 he found himself deprived of the essential services of electricity and water supply causing great inconvenience to him and his family in the use and occupation of the said room. On the petitioner's application, copy whereof has not been annexed to the petition, police report was called for. The learned Executive Magistrate fixed 16-6-82 for hearing of the petition and both the parties were asked to produce documents in support of their claims. The learned Magistrate heard the learned advocates of both the parties on 19-6-82 and upon hearing the arguments he was satisfied that there could not be any breach of peace which might fall under section 144 Cr. P.C. and hence no proceeding under Sec. 144 Cr. P.C. could be drawn up.

(3.) Mr. J.M. Choudhury, the learned counsel for the petitioner submits that under Sec. 6 of the Assam Urban Areas Rent Control Act, 1972 the landlord is bound to give electricity and water supply to the tenants and as such the petitioner has the right to be supplied with electricity and water.