IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1297 of 2008 DIWAKAR CHAUBEY Versus STATE OF BIHAR ----------- 2 01.05.2009 The petitioner is aggrieved by order dated 24.09.2008 whereby the learned S.D.J.M, Gaya in Case No. 411 of 2008 had directed the petitioner to remove the generator, which has been kept in front of the temple. The Secretary, Gaya Chauk Hanuman Management Committee Temple filed a written complaint alleging that petitioner is causing pollution by running his generator, which has been kept in front of the temple. After receipt of application, notice was issued to the petitioner, who appeared and filed his show cause. In the show cause, he stated that the instant application has been filed by the Secretary, Satyendra Singh, who is on inimical terms with the petitioner, as the latter used to do pairvi in an Eviction Suit No. 1 of 2006 against him. On receipt of show cause, the Magistrate gave him an opportunity to produce relevant papers in support of his contention. The petitioner expressed his inability to produce any such papers. Further it appears that the Magistrate himself made an inspection of the spot and found that generator is in running condition. He also noticed that lot of people come to the temple to offer worship. He also noticed that the generator apart from causing pollution is also causing disturbance in performing ‘Puja’. Thereafter vide order dated 24.09.2008, the Magistrate directed the petitioner to remove the generator which is kept in front of the temple. - 2 - Learned counsel submits that he is not keeping the generator in front of the temple, but rather the same has been kept 200 yards away from temple. He submits that the learned Magistrate has passed the order without taking any evidence which is necessary. The order passed by Magistrate is not a final order, as 24.09.2008 was fixed as next date in proceeding. It will be open to petitioner to take all his point before the learned Magistrate that the generator is not kept in front of the temple. It would be also open to the petitioner to adduce evidence in this regard. The learned Magistrate after hearing both the parties would pass final order in accordance with law. With the aforesaid observation, this application is dismissed. Kundan (S. P. Singh, J.)