BHUPATI CHARAN BERA Vs. PRESIDENT, UNION BOARD, NILKUNTHIYA:

JUDGEMENT

(1.) This is a petition for quashing certain proceedings under section 34(4) of the Bengal Village Self-Government Act. 1919, now pending against the petitioner in the Court of Sri A. S. Chatterji, Magistrate, 2nd Class, Tamluk.

(2.) The petitioner is the proprietor of a husking mill, locally known as a "Bani Mill". The Union Beard of Nilkunthiya required him to take out a license for running the said mill. The fee for such a license was Rs. 100.00 per year. The petitioner having declined to take out a license for the said mill for the year 1361 B.S., a complaint by the President of the Union was lodged against him under section 34(4) of the Bengal Village Self-Government Act. The learned Sub-Divisional Officer of Tamluk took cognizance of the case and issued summons against the petitioner under section 34(4) of the said Act.

(3.) The petitioner's case is that a "Bani Mill" is merely a husking machine with a small crude oil engine and that he does not carry on any business of boiling rice. It is also his case that husking of paddy by itself cannot be regarded as an offensive or dangerous trade or business within the meaning of section 34 of the Bengal Village Self-Government Act, 1919. It is, lastly, the petitioner's case that the notification by Government under section 34 of the said Act, dated 2nd of July. 1927. did not declare husking of paddy to be a dangerous or offensive trade or business and that, accordingly, he was not liable to take out any license for his Bani Mill.