BASHIR AHMAD KHAN Vs. STATE AND ANR.

JUDGEMENT

(1.) This revision petition has been filed by Bashir Ahmad Khan against an order dated 31st July, 1969 passed by the Assistant Sessions Judge, Faizabad dismissing the appeal preferred by the Petitioner against the judgment and order dated 16th September, 1968 passed by an Extra Magistrate, Faizabad convicting the Petitioner Under Sec. 185 of the U.P. Municipalities Act and sentencing him to a fine of Rs. 55/ - for the same.

(2.) On the report of the sub -overseer of the Nagar Palika, Faizabad the Petitioner was prosecuted for having constructed a house of Khaprail in Sahebganj, Faizabad without leaving a chabutra of 4 feet and without obtaining a building certificate for effecting the said construction.

(3.) The Petitioner pleaded that no new construction had been made by him and as such he was not required to obtain any sanction for effecting the same. With regard to the Petitioner not having left a chabutra of 4 feet the Petitioner asserted that the very provision under which he was required to leave a chabutra of four feet was beyond the power of the municipality concerned and therefore, even if the Petitioner did not abide by the said provision, he did not commit any offence.