BAIJNATH CHHAPOLIA Vs. CUTTACK MUNICIPALITY

JUDGEMENT

(1.) THE Petitioner stands convicted under Section 383 of the Orissa Municipal Act, 1950 (hereinafter referred to as the Act) for carrying on dangerous and offensive trade of manufacturing Gudakhu at Manikghose Bazar within the Municipal limits of Cuttack town, without a licence from the Municipal authorities as required under Section 290(1)(k) of the Act, and he has been sentenced thereunder to pay a fine of Rs. 51/ - in default to undergo S.I. for 15 days.

(2.) BOTH the Courts below found that the Petitioner was manufacturing Gudakhu at Manikghose Bazar during the year in question without a licence. The Court below also found that the Petitioner had not made any bona fide application for licence to manufacture Gudakhu at Manikghose Bazar and so it would be idle to speculate that if the Petitioner had applied for a licence the Municipality would have refused it on account of its earlier resolution prohibiting manufacture of Gudakhu within the Municipal limits of the Cuttack town.

(3.) MR . Rath, the learned Counsel for the opposite party, repelled the above contention of Mr. Mohanty on the submission that the provisions of Section 290(1)(k) of the Act does not totally prohibit manufacture of Gudakhu in an area fixed and notified under Section 290(1). The said section merely prohibits the use of any such place for any of the purposes enumerated thereunder without a licence to that effect. Section 290(1)(k) is as follows: