Crl. Misc. No. M-9270 of 2011 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-9270 of 2011 (O&M) DATE OF DECISION: 07.04.2011 Mangal Singh ..........Petitioner Versus State of Punjab and others ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. R.S. Manhas, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 19413 of 2011 Application is allowed as prayed for. Crl. Misc. No. 19414 of 2011 This is an application for placing on record zimni orders as Annexure P-6 and report of the Tehsildar as Annexure P-7. Crl. Misc. No. 16943 of 2011 Application is allowed as prayed for. Crl. Misc. No. M-9270 of 2011 The present petition under Section 482 Cr.P.C. has been filed on behalf of Mangal Singh for setting aside order dated 9.7.2008 passed by Sub Divisional Magistrate, Gurdaspur, vide which, exparte order under Section 133 Cr.P.C. directing the petitioner to remove the poultry farm has been passed and order dated 5.3.2011, vide which, revision against the said order has also been dismissed. Learned counsel for the petitioner contends that impugned Crl. Misc. No. M-9270 of 2011 (O&M) (2) orders were passed in the absence of the petitioner and no report was obtained while passing those orders. Learned counsel for the petitioner further submits that the petitioner has already shifted his poultry farm from that place and the said place is not being used for that purpose. Heard the arguments advanced by learned counsel for the petitioner and have also gone through the impugned orders as well as other documents available on the file. It is clear from the orders that there is a report of Tehsildar which clearly shows that the foul smell was coming and admittedly the place is thickly populated and villagers are residing there. It cannot be said that the order is exparte as the petitioner has been heard. Even the revision has been filed by the petitioner, which has been dismissed by passing a speaking order. The order also cannot be said to be non- speaking as a detailed finding has been giving by SDM as well as by the revisional Court. Even as per Section 133 Cr.P.C., it is for the satisfaction of the authority concerned or any officer authorized by Sub Divisional Magistrate that if there is nuisance at the public place then he can take the action. In the present case also, Tehsildar has visited the place and he found that foul smell was coming from the poultry farm, which was being run by the petitioner. The petitioner has already lost upto the revisional Court. No ground is made out to interfere in this petition. The petition being devoid of any merit is hereby dismissed. However, if the petitioner has already shifted his poultry farm from the place in dispute, then the same be not demolished. April 07, 2011 (DAYA CHAUDHARY) pooja JUDGE Crl. Misc. No. M-9270 of 2011 (O&M) (3) Note:-Whether this case is to be referred to the Reporter .......Yes/No