KANIRAM BAGARTI Vs. EXECUTIVE OFFICER, SAMBALPUR MUNICIPALITY

JUDGEMENT

(1.) THIS application in revision is against a conviction of the Petitioner under Section 385 -A read with Section 273 -A of the Orissa Municipal Act, 1950. He has been sentenced to pay a fine of Rs. 50/ - or in default to suffer simple imprisonment for a week.

(2.) FROM the facts of the case it transpires that the Petitioner was the owner of an existing house on the Hatapada lane of Marwaripara within the Sambalpur Municipal limits. It was alleged that he carried on construction of addition and alteration in contravention of lawful orders of the Executive Officer of the Municipality. The material portion of the prosecution report stated thus:

(3.) PRIOR to the prosecution of the Petitioner a notice had been issued to him which has also been placed before the Court. The notice, Ex. 1 is to the following effect: