JUDGMENT :

1. A proceeding numbered as Executive Proceeding No. 2 of 2022 under Section 133 Cr.P.C is being conducted by the learned Executive Magistrate (respondent No. 3), in Ri Bhoi District of Meghalaya. The said proceeding is directed towards the petitioner herein who allegedly on a verbal order passed by the said learned Executive Magistrate on 04.04.2023, was directed to shut down all the business operation within his premises, housing as many as 42 tenants.

2. These proceedings including the said order dated 04.04.2023 are impugned herein in this instant petition under Section 397 read with Section 482 and 401 Cr.P.C with a prayer to set aside and quash the entire proceedings.

3. Heard Mr. S. Jindal, learned counsel for the petitioner who has submitted that the genesis of the matter relates to an alleged complaint filed by the proforma respondent No. 5 in the office of the Deputy Commissioner, Ri-Bhoi District.

4. The petitioner came to know that in the said complaint, copy of which has not been supplied to the petitioner, an allegation was made that a drain adjoining the property of the petitioner was not properly maintained as a result of which, there was seepage of drain water into the land of the proforma respondent, on which stands a petrol pump, M/s River Umtrew Service Station.

5. Apparently, in response to the said complaint, being No.IOCL/RUSS/09/2022-DC-3, dated 12.09.2022, the Additional Deputy Commissioner (Rev), Ri Bhoi District has issued a notice for spot inspection slated to be held on 20.09.2022 at 12:00 noon, which inspection is to be carried out by Shri. W.R. Massar, MCS, EAC. The notice has been directed at the petitioner and the owner of the said petrol pump.

6. The petitioner in response to the aforesaid notice has addressed a representation before the authorities giving details of all relevant and correct facts. However, the respondent No. 2 vide notice dated 03.10.2022 has directed the petitioner to construct proper drainage system as far as the said drain which is the subject matter of the dispute is concerned. It is also directed that a compliance report is to be submitted thereto within 15 days. The petitioner has accordingly complied with the said order and has submitted the report in this regard on 26.10.2022.

7. It is further submitted that the petitioner was then surprised to receive an order dated 08.12.2022 issued by respondent No. 3 in what appears to be a formal proceeding being Executive Proceeding No. 2/2022 being drawn up against the petitioner under Section 133 Cr.P.C. The petitioner was also directed to remove/clear such nuisance within 30 days from the date of the order but has also directed that an action taken report be filed within 15 days. The status report was duly filed by the petitioner on 17.01.2023.

8. Apart from the status report, the petitioner after carrying out the direction in this regard, has finally filed a completion report on 15.02.2023. The respondent No. 3 has however passed another order dated 30.03.2023 to the effect that an observation was made that the petitioner has not filed the work completion certificate and direction to submit the same by 03.04.2023.

9. The petitioner then re-submitted the Completion Report on 03.04.2023, whereupon, the respondent No. 3 then passed an order dated 04.04.2023 with a direction for inspection of the site on the same day itself at 4:00 pm.

10. Upon inspection of the site by the respondent No. 3 along with respond