Diwakar Bhatt vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

According to the petitioner, despite the order passed by Sub-Divisional Magistrate, Joshimath in proceedings under Section 133 Cr.P.C., respondent

no. 5 has not repaired his sewer-chamber and sewer-line.

Mr. R.P. Nautiyal, learned Senior Counsel appearing for the petitioner submits that Nagar Palika Joshimath has also not done the needful in terms

of the order passed by Sub-Divisional Magistrate, Joshimath. The said order was passed by Sub-Divisional Magistrate on 11.09.2017.

It is further the case of the petitioner that against the said order respondent no. 5 had filed a criminal revision before learned Sessions Judge,

Chamoli, but no interim order has been passed in the said revision. Thus, according to the petitioner, there is no legal impediment in execution of the

order passed by Sub-Divisional Magistrate in the proceedings under Section 133 of Cr.P.C., however, respondent nos. 4 & 5 have not cared to get the

sewer-line of respondent no. 5 repaired. It is further the case of the petitioner that due to leakage in the sewer-line of respondent no. 5, the property of

the petitioner has become inhabitable due to the stink and filth coming out of the sewer line.

In the absence of any interim order against the order passed by Sub-Divisional Magistrate, as reported by petitioner’s counsel, the order passed

under Section 133 Cr.P.C. is liable to be executed.

Accordingly, the writ petition is disposed of with a direction to Nagar Palika Joshimath to take necessary steps for getting the sewer line of

respondent no. 5 repaired and also to connect the same with public sewer line. It shall be open to the Nagar Palika Joshimath to recover the amount

spent in the said work from respondent no. 5.