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1957 Supreme(MP) 109

B.K.CHATURVEDI
SHAUKAT HUSSAIN – Appellant
Versus
SHEODAYAL SAKSAINA – Respondent


Advocates Appeared:
A.P.SEN, G.C.Koshal, P.R.NAOLEKAR

B. K. CHATURVEDI, J.

( 1 ) THE applicants work a small cotton carding machine of five horse power in mohalla Gajrat Khana Katra in the town of Rewa. The non-applicant filed an application in the Court of the Additional District Magistrate, Rewa, alleging that the small particles of cotton are blown in the air from the machine and cause harm to breathing and that the machine also produces noise and disturbance to public peace; so it must be stopped. This application has been granted by the Court below. The present petitioners have been asked to stop the working of the machine. The Court below has also gone beyond its jurisdiction under Section 133 of the Code of Criminal Procedure in issuing an order to the Municipality that the licence granted to the petitioners must be cancelled. The petitioners have come in revision to this Court against the order passed by the Additional District magistrate, Rewa.

( 2 ) THE non-applicant raised an objection that, unless the petitioners had applied to the Sessions Court, a revision cannot be entertained under Rule 15, Chapter 4 of the Madhya Pradesh High Court Rules. I understand that this objection was raised at the time of the admission of the









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