RABINDRA NATH MITRA Vs. TARA KUMAR CHAKRAVARTY

JUDGEMENT

(1.) This is a Rule directed against the order of a municipal magistrate of Calcutta, dated April 29, 1952, by which he has dismissed an application filed by the Corporation of Calcutta under Section 363 of the Calcutta Municipal Act. The Petitioners who have moved this Court and obtained the present Rule are owners of premises No. 101-B, Keshab Chandra Sen Street. They filed an application before the Corporation authorities alleging that the owners of premises No. 101-A, Keshab Chandra Sen Street, have erected an unauthorised structure on the north-western corner of their premises. Upon this complaint the Administrative Officer of the Corporation of Calcutta, after holding certain enquiries, passed the following order:

(2.) Upon this order the opposite parties paid the sketch fees and wet work charges within the time limit but did not leave 4 ft. space all along the northern side and, therefore, the case was sent to the municipal magistrate for trial.

(3.) The learned municipal magistrate has dismissed the case upon the ground that no evidence has been adduced by the Corporation about the age of the alleged unauthorised structures and that, upon the evidence which has been adduced by the opposite parties, he was satisfied that the structures were in existence for long over five years. Against this order the Petitioners have obtained the present Rule and on behalf of the Petitioners it has been argued that the learned magistrate was wrong in holding that on behalf of the Corporation no evidence was adduced about the age of the unauthorised structures and that he has also erred in relying upon the evidence of the witnesses examined by the opposite parties inasmuch as the Corporation lawyer could not cross-examine them.