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is a order passed by sub divisional magistrate final ?


Is a order passed by Sub Divisional Magistrate Final ?

There is a shed encroached on a public property. We complained to DC and DC forwarded this to AC and instructed to take action according to CrPc procedure. 

AC along with Survey officers, Land records office, Village accountant visited the spot and learned it was clearly an encroachment and causing nuisance to the public. Hearing was done. The owners failed to produce any documents proving ownership of land encroached.

SDM (A.C) has passed orders and instructed the Municipal Commissioner to clear the shed within 15 days of the receipt of the notice. If failed so he would be punished according to the section 188.

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My Queries :

1) Is this order passed by Sub Divisional Magistrate final ? What level of powers does a SDM has ?

2) Are there any reasons Municipal Commissioner fail to clear the shed on public road ?

3) Can the hut owners appeal against this order ? If so on what grounds can it be done ?

4) What does Section 188 mean ? what is the consequesnce will the municipal commisioerl face ?

 
Reply   
 
Advocate,9444674980

Any order is appealable,depends upon the ground mentioned in the order,

section 188 in The Indian Penal Code
188. Disobedience to order duly promulgated by public servant
 
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Dy Director

read section 133 of Cr PC

 
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What happens if the municipal fails to obey the order.. Who can invoke section 188
 
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What happens if the municipal fails to obey the order.. Who can invoke section 188
 
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What happens if the municipal fails to obey the order.. Who can invoke section 188
 
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