B BALA TRIPURASUNDARI Vs. BUILDING INSPECTOR VIJAYAWADA MUNICIPALITY

JUDGEMENT

(1.) 1. The petitioner in each of the cases has been convicted under Sections 263 and 264 read with section 336 of the Andnra Pradesh Municipalities Act, 1965 (hereinafter referred to as' the Act') and has been sentenced respectively to pay a fine of Rs. 35/- and in default to serve simple imprisonment for 5 days and to pay a fine of Rs. 1,700/- and in default to serve simple imprisonment for three months.

(2.) The iscir, in eii these seven cases are similar and questions arising for determination are also common. Therefore, it would be sufficient if the facts in one of the cases are set out for proper appreciation of the questions of law that fall for determination. I shall, therefore, refer to the relevant facts in Crl.R.C.No. 157 of 1980.

(3.) The petitioner was running a workshop known as "M/s. Kumar Engineering Works" since 1974 having installed a 1-75 HP Electric Motor without permission. The workshop was located in Gopalareddy Road. Governorpet Vijayawada, 2 in the premises bearing Door No 27-23-154. On 1-1-1974, she had submitted en application, Ex.D-3 to the Director of Town Planning, Hyderabad, through the Commissioner and Special Officer. Vijayawada Municipality for permission for installation of motor and welding set. The Municipal Council, Vijayawada, considered the application of the petitioner on 8-7-1974 and passed a resolution No. 384 dated 8-7-1974 refusing permission to the petitioner for installation of the electric Motor and welding set. In pursuance of the said resolution the Municipal Commissioner, Vijayawada issued an order Ex D-l dt/19-7-1974 informing the petitioner thst the permission sought by her for the installation of electric motor and welding set had been refused as the Installation fell within the residential area and it was a source of nuisance to the public, fnspite of the refusal, the petitioner installed an electric motor and machinery in the premises end was running the workshop, since 1974. The tax receipts Exs. D-4 to D-7 show that profession tax of Rs. 16/- was collected from the petitioner for the years 1975 to 78.