ORDER :

1. This petition under Section 482 of the CrPC is directed against the impugned order dated 17.10.2013 passed by the Additional Sessions Judge, Sarangarh, in Criminal Revision Case No.05/2013, by which the revision petition filed by the petitioner has been dismissed affirming the order passed by learned Sub-Divisional Magistrate, Sarangarh under Section 133 of the CrPC directing removal of nuisance under Section 133(1)(a) of the CrPC.

2. The essential facts necessary for adjudication of the petition are as under:-

2.1 Respondent No.1 herein filed an application under Section 133 of the CrPC before the Sub-Divisional Magistrate, Sarangarh stating inter-alia that the present petitioner has made a bore on abadi site in a land adjacent to his house and thereby caused public nuisance and sought removal under Section 133 of the CrPC, in which learned SDM issued notice to the petitioner. Reply was filed by the petitioner stating that he has made a bore on his own abadi site since long back, for supply of water inside his house and as such, he has exclusive right and further stated that no prima-facie case for taking cognizance under Section 133 of the CrPC is made out.

3. Learned SDM