1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CRIMINAL WRIT PETITION NO:397/2008 (Aqueel Ahmed Rizwi vs. Tahsildar and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 14th October, 2008. *** Heard Mr. S V Bhutada, learned counsel for the petitioner; Shri S J Jichkar, learned APP for Respondents 1, 2 and 4 and Shri M I Dhatrak, learned counsel for Respondent No.3. 2. In the instant case, notice dated 16th December, 2007 issued by Respondent No.2 under the provisions of Sec. 149 of the Code of Criminal Procedure is impugned. It is not in dispute that the Tahsildar & Executive Magistrate has directed the petitioner to stop the construction of Shopping Complex at Ganj Bazar, Tumsar, in view of the controversy raised in respect of the said construction by some people. It appears that the petitioner did not stop the construction in spite of the service of the order passed by the Tahsildar & Executive Magistrate. Because of continuation of work of construction by the petitioner, the respondent no.2 has issued the impugned notice u/s 149 of Cr.P.C. in order to prevent the 2 occurrence of cognizable offence. 3. It is not in dispute that the petitioner has not challenged the direction/ order issued by the Tahsildar & Executive Magistrate before the appropriate forum since the cause of action is civil in nature and in absence thereof the action taken by respondent no.2 by issuing notice u/s 149 Cr.P.C. at this stage cannot be said to be bad in law. In that event, no case is made out for showing indulgence. Writ Petition is disposed of as withdrawn, keeping the issue pertaining to order passed by the Tahsildar & Executive Magistrate open. JUDGE JUDGE sahare