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1979 Supreme(Online)(Bom) 6

GOA, DAMAN AND DIU J.C'S COURT
Kakodkar, J
Sallitho Ores Ltd. and Another v. Bhimappa Chandrappa Dadugol and Others


Advocates:
For the Appellants/Petitioners: Shri Kakodkar
For the Respondents: Shri Ashraf Aga

1. This application is directed against the order of the Sub-Divisional Magistrate, dated May 27, 1977, passed under S. 133 Cr. P. C. and directing the petitioner company to stop the excavation in the mining area, so as to prevent any danger to the lives of the inmates. The order reads as under: -
"ORDER UNDER S. 133 Cr. P. C.
Whereas it has been made to appear to me that you are excavating a pit in mining area of Pali - Ambegal in such a way that the hutments where 19 workers are staying may collapse endangering the life of the inmates of those huts.
I do hereby direct and require you within 5 days to stop the excavation in the area so as to prevent any danger to the life of the inmates or to appear at 10-30 a.m. in this Court on the 6th day of June 1977 next, and to show cause why this order should not be enforced.
The names of the workers affected are given below: ...... ...... ...... ...... ...... ...... ...... ...... ...... ??.. ??? ??.. ??.. ??.. ??.. ??.. ??.. ??.. ??"


2. The order is assailed on various grounds which I shall examine in detail. The records of the Sub-Divisional Magistrate regarding these proceedings are before me. A copy of the Police Report which according to t






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