SUMARIA Vs. STATE

JUDGEMENT

(1.) THIS application in revision arises out of the conviction of the accused-applicant for an offence under Section 13 (1) of the Roadside Land Control Act. The Sub-divisional Magistrate. Phulpur by his order dated 9-6-1970 convicted Smt. Sumaria under the aforesaid Act and sentenced her to pay a fine of Rs. 150/- or in default to undergo two months R. I. A further direction was given that she shall remove construction illegally made by her within three months from the date of the order.

(2.) AGGRIEVED thereby Smt. Sumaria filed an appeal before the I Temporary Sessions Judge, Allahabad. The appeal was dismissed on 29-1-1971. Hence this revision.

(3.) IT appears that a complaint was made by the Assistant Engineer P. W. D. containing allegations that Smt. Sumaria had built a pakka house without the sanction of the District Magistrate on the Allahabad Gorakhpur road within the limits of village Sahson between mile 12. furtons 7, about 31 feet from the centre of the road towards the right side, and thereby committed a breach of the provisions of the Boardside Land Control Act. It was prayed that the accused be tried under Section 13 of the U. P. Roadside Land Control Act and punished accordingly.