JUDGMENT - Patel, J.

(1) This application arises out of the unfortunate floods in the City of Poona due to the bursting of Panshet and Khadakwasla Dams. The complainant is one Burjor D. Engineer, who filed a complaint in the Court of the Judicial Magistrate, First class, Poona against the four petitioners, the first of whom is the Commissioner, Poona Division, the second is Collector and District Magistrate, Poona, third is a District Superintendent of Police, Pona, and the fourth is the Commissioner, Poona City Municipal Corporation. The complaint is a very long document and extends over several pages but the sum and substance of it is that in law certain duties were cast on all these officers for the safety of populace but in wanton disregard of these rules of duty they did not perform those functions which they were expected to perform. For example, in paragraph 16 the complainant says that

"by reasons of the exalted position which all the accused occupied they were responsible for the safety of the inhabitants and their property in areas under their respective control. They were by law enjoined to the best of their ability to prevent the commission of a public nuisance and to use

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