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1978 Supreme(Bom) 148

JAHAGIRDAR
Vasant Manga Mahajan and others – Appellant
Versus
Baburao Bhikanna Naidu and another – Respondent


Advocates appeared:
C.A. Phadkar, for Petitioners. P.K. Sonalkar and J.G. Pradhan for Respondent No. 1; J.A. Barday, Public Prosecutor for the State.

ORDER:- An order passed by the Sub-Divisional Magistrate of Jalgaon under Section 138 read with Section 141 of Cr. P. C., 1973, is challenged in this petition by ten petitioners. They are the tenants of house No. 66 situated at Polan Peth, Jalgaon and owned by the first respondent in this petition (hereinafter referred to as "the respondent"). According to the petitioners, the respondent served upon them a notice on 9th July 1970 asking them to vacate but they did not comply with this notice. On 19th July 1974 the Chief Officer of Municipal Council of Jalgaon served a notice on the respondent asking him to pull down the building on the ground that it was dilapidated and it was in a dangerous condition. No action was taken immediately by the respondent on this notice issued by the Municipality, but nearly after two years he made an application to the District Magistrate of Jalgaon for taking action under Section 133 of the Cr. P. C. In due course this application was forwarded to the Sub-Divisional Magistrate for action and he by his judgment and order dated 14th Sept. 1976 passed what has been described as a conditional order under Section 133 of the Code. Several steps have been t











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