LALA TULSI RAM Vs. STATE

JUDGEMENT

(1.) TULSI Ram applicant is aggrieved by his conviction u/Sec. 293/299 of the U. P. Municipalities Act and the sentence of fine of Rs. 400/- by the Magistrate, Faridpur by his judgment and order dated June 5, 1973 which was upheld by the Addl. District Judge, Bareilly in Criminal Appeal No. 125 of 1973 decided by him on 15th of May, 1974. The conviction of the applicant is based on the allegation that he made certain constructions adjoining the Nali of the Town Area Committee without obtaining its permission. The complaint leading to the case was filed by the Chairman of Faridpur town area who appeared in the case as P. W. 1. The applicant admitted having raised constructions but claimed to have done so after moving an application for permission and after having obtained oral permission of the Chairman.

(2.) IN his statement before the court, Sri M. A. Khan P. W. 1, Chairman, Town Area Committee, Faridpur stated that the applicant had moved an application for permission to construct the disputed building on Jaunary 14, 1972 and had also submitted the plans exhibits P. 1, P. 2 and P. 3. No order was passed on this application as the plans did not contain neither the signatures of the applicant nor the scale of measurement. According to him, a reply Ex. P. 4 was sent to the applicant on 26-12- 1972 to the effect that permission could not be granted on that account. He also stated that a few days earlier, that is, on December 20, 1972, a notice, Ex. 5, was also given to the applicant to the effect that the applicant was raising the constructions without obtaining the permission. He denied to have given oral permission to the applicant to raise the constructions.