The supervisory jurisdiction of the High Court under Article 227 does not allow it to act as an appellate court; it corrects errors only when a grave injustice occurs due to procedural violations.

ORDER :

J.C. DOSHI, J.

1. By way of this petition under Article 227 of the Constitution of India, the petitioner has prayed following reliefs :-

“(a) To admit and allow this petition.

(b) To call records and proceedings of the Criminal Revision Application No.88 of 2017 from the Court of learned 9 Additional Sessions Judge, Bhavnagar,

(c) To quash and set aside the order dated 29-8-2018 passed by the learned 9th Additional Sessions Judge, Bhavnagar Criminal Revision Application No.88 of 2017, and confirm the order dated 28-7-2017 passed by the learned Sub-Divisional Magistrate, Palitana in Cr.P.C. 133 case Reg. No. 01/2017;

(d) During the pendency and final disposal of the present petition YOUR LORDSHIPS may be pleased to stay the execution, operation and implementation of the impugned order dated 29-8-2018 passed by the learned Additional Sessions Judge, Bhavnagar in Criminal Revision Application No.88 of 2017; and direct the respondent nos. 1 and 2 to remove the garage and workshop:

(e) Pass any such other and/or further orders that may be thought just and proper. in the facts and circumstances of the present case.”

2. Facts of the case are as under :-

2.1. The petitioner and few others of village Bharpura issued notice to respondent no.1 and 2 for creating nuisance of noise and also creating obstruction of passing through the road by bringing in the old cars and breaking them and doing the work of fabrication all throughout the day and night. Because of the said activities carried out by the respondent nos. 1 and 2, the people residing in the area could not sleep and moreover serious noise pollution was being created. There was a problem of suffocation being experienced by the people residing in the area due to fabrication work carried out by the respondent nos. 1 and 2. Copy of the notice was forwarded to the office of the Sub Divisional Magistrate, Palitana. In the light of the said notice, the Sub Divisional Magistrate, Palitana wrote a communication on 9-2-2017 to the Mamlatdar and Executive Magistrate advising him to submit report on the communication made by the petitioner and others. The petitioner along with other residents also filed reply before the Deputy Collector and Sub Divisional Magistrate on 16-3-2017. Pursuant to the same, the Executive Magistrate had directed the Circle Officer to submit report to him. The Circle Inspector after visiting the place and after drawing the panchnama and recording the statement of the petitioner had submitted his report to the Executive Magistrate which was forwarded by the Executive Magistrate to the Sub-Divisional Magistrate along with his opinion on 16-3-2017, whereby he has given opinion to the effect that that serious nuisance of noise and pollution is being created by the respondent nos 1 and 2 in the area because of their activities . Pursuant to said report, Sub Divisional Magistrate and Prant Officer had registered case being Cr.P.C. Reg.No.01/2017 and issued notice to the petitioner and other residents and also to the respondent nos. 1 and 2. The petitioner along with other residents of the area appeared before the Sub Divisional Magistrate. The respondent nos. 1 and 2 though were served with the notice, the respondent no. 1 alone filed a reply before the Sub Divisional Magistrate in defence of his case. Thereafter the Deputy Collector and Mamlatdar had initiated the proceeding under section 133 of Cr.P.C. and taken out notice. Subsequently after hearing the petitioner and other residents of the village including the respondents, passed an order on 28-7-2017 whereby he has allowed the application filed under section 133 of Cr.P.C. and directed the respondent nos. 1 and 2 to