MUNICIPAL COMMISSIONERS OF RANIGANJ Vs. KEDAR KALWAR

JUDGEMENT

(1.) This revisional application is directed aeainst an order of Sri N. Chakravarty-Sessions Judge, Burdwan, setting aside tha conviction of the opposite party Kedar Kalwar under Section 240(1)(b) read with Section 500, Bengal Municipal Act, 1932 and acquitting him of that charge. The prosecution was started by the Raniganj Municipality on the allegation that the opposite party Kedar Kalwar had encroached upon a portion of a public street known as 'Kalitala Lane' in C. S. Plot No. 904 of Raniganj Municipality by constructing a corrugated iron shed thereon used as a cowshed; that the Municipality served a notice on 23-6-1950 calling upon the opposite party to remove the shed within three days and that the opposite party failed to comply with the notice and so committed the offence under Section 240(1) (b) read with Section 500, Bengal Municipal Act, 1932. The complaint was filed in Court on. 23-6-1950 although it appears that the learned Magistrate passed an order for issuing the process only on 28-2-1951. The learned Magistrate convicted the opposite party Kedar Kalwar and sentenced him to pay a fine of Rs. 50/- in default, to suffer simple imprisonment for three weeks and to pay a daily fine of Rs. 10/- so long as he did not remove the encroachment.

(2.) In appeal the learned Sessions Judge held that the complaint was barred by Section 533, Bengal municipal Act, 1932, because accoridng to the fincing of the learned Sessions Juuge the cow-shed had been erected in the first week of June, 1950 and the case had been in-stituted more than 6 months thereafter, namely on 23-12-1950.

(3.) In this revisional application Mr. Majum-dar urges on behalf of the Raniganj Municipality that the learned Judge was wrong in his decision on the question of limitation under Section 533, Bengal Municipal Act, 1932, because the starting point of the limitation should be held to be the date of failing to comply with the requisition served by the Municipality under Section 240(1)(b), Bengal Municipal Act and not from the date of erection of the hut which was alleged to be an en roachfr.ent on the public street of the Municipality. Section 500(1), Bengal Municipal Act, 1932 runs as follows :