HARIBHUSAN DEB Vs. JAYNAGORE MAZILPUR MUNICIPALITY

JUDGEMENT

(1.) THIS Rule is directed against an order of a Magistrate, at Alipore convicting the petitioner under sec. 239 read with sec. 500 of the Bengal Municipal Act, 1932 and sentencing him to pay a fine of Rs. 30/-, in default to suffer simple imprisonment for three weeks. An application for a reference to this Court under sec. 438 of the Code of Criminal Procedure was, however, rejected by an Additional Sessions Judge, 24-Parganas.

(2.) A complaint was filed by an Overseer of Jaynagore Mazilpur Municipality alleging that the petitioner had caused to be affixed to his building, being premises No. 42, Kamarpara Road, spouts for discharging water which fell on the Municipal street in such manner as to cause inconvenience to users of the road. The case of the Municipality was that a notice under sec. 239 of the Act had been served upon the petitioner requiring him to take order with the pipes and spouts in question so as to avoid inconvenience to members of the public using the street; but that notice was disregarded and the petitioner did not comply with it although time was given to remedy the state of the water pipes. The notice was dated 16th January, 1955 and was actually served on the petitioner on the 5th of February. The petitioner not having complied with it, a complaint was filed in court on the 31st May, 1955 charging the petitioner with having failed to comply with the requisition referred to above.

(3.) THE petitioner pleaded innocent and his case generally was that the spouts in question had been in existence for a very long time and that he was prosecuted at the instance of designing persons. His case further was that the Municipality had failed to establish that the prosecution had been commenced within the time prescribed by Jaw. On a consideration of the evidence the learned Magistrate came to the finding that the notice had in fact been served and that there was failure on the part of the petitioner to carry out the requisition of the Municipality.