ABDUL MAJID Vs. GHULAM QADAR

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A Crimial P.C. petitioner seeks quashing of order dated 21.04.2012 passed by the learned Additional District Judge, Rajouri, whereby the revision petition filed by the petitioner against the order dated 21.01.2012 passed by the Tehsildar, Executive Magistrate, Rajouri, has been dismissed.

(2.) The brief facts of the case are that on 22.12.2011 residents of ward No. 6, Rajouri, submitted an application along with public resolution signed by 25 residents before the Tehsildar, Executive Magistrate, Rajouri stating therein that the petitioner is running a Dairy Unit at ward No.6, which is causing nuisance/foul smell and it is injurious to health and physical comfort of the residents of the said locality. The learned Executive Magistrate without affording an opportunity of hearing to the petitioner passed a conditional order under Sec. 133 Crimial P.C. whereby the petitioner was directed to remove/desist from carrying any dairy unit and also directed the petitioner to appear before Court. Thereafter, the learned Executive Magistrate personally visited the spot on 19.01.2012 in presence of the parties and large number of residents of said Mohalla, were also present there. It is further contended that the learned Magistrate went inside and personally inspected the place and found seven cows out of which five were milk giving cows were kept inside.

(3.) Feeling aggrieved of the order passed by the learned Executive Magistrate, petitioner filed a revision petition before the learned Additional District Judge, Rajouri. The learned Additional District Judge, Rajouri dismissed the said revision petition filed by the petitioner on the ground that petitioner has not taken a contention that he was not given chance of adducing any evidence. Further, he has not filed an affidavit in support of the objections, neither any evidence led by him. While deciding the revision petition filed by the petitioner, the learned Additional District Judge did not appreciate the fact that the order passed by the learned Magistrate is in violation of the mandatory provisions prescribed by law.