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1990 Supreme(Guj) 59

J.U.MEHTA
MANEKLAL KARSANDAS DAVDA – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.P.TALATI, G.H.BHATT, M.A.BUKHARI

MEHTA, J.

( 1 ) ). The present petitioner has preferred this application under Art. 227 of the Constitution of India praying for issuance of writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari quashing and setting aside the judgment and order dt. 7-8-1987 delivered in Criminal revision Application No. 56 of 1985 by the Court of the Addl. Sessions Judge, surendranagar and in turn to quash and set aside the judgment and order dated 22-7-1985 delivered in Criminal Application No. 1 of 1985 by the Court of sub-Divisional Magistrate, Vadhavan Sub-Division, Surendranagar, at Annexures "b" and "a" respectively.

( 2 ) ). The facts of the present case are that : One Rameshchandra Chhotalal thakkar submitted an application on 10-10-1984 to the District Magistrate, surendranagar stating therein that the petitioner is running the Industry of "kankoo" in his residential house which shares the common wall of his residential premises. According to the complainant, the said industry is carried out with the help of 10 workmen. That on account of this there is a continuous flow of the small species and the red particles of "kankoo" in the residence of the









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