BALASORE MUNICIPALITY Vs. FANIDRANATH GHOSH AND 10 ORS.

JUDGEMENT

(1.) THIS appeal is directed against an order dated 29 -4 -1961 passed by (Shri U.C. Misra, Magistrate, 1st, Class, Balasore, acquitting the Respondents of an offence under Section 383 of the Orissa Municipal Act, 1950, (hereinafter referred to as 'the Act ').

(2.) THE case of the complainant is that the Respondents who owned a private market known as the 'Ghose Market ' continued to run the same for the year 1958 -59 without obtaining a valid license, ,under Section 297 of the Act from the Balasore Municipality, and thus made themselves liable to punishment under Section 383 of the said Act.

(3.) THE complainant Municipality examined only the Tax -Daroga in support of their case. According to his evidence, the accused -Respondents are the owners of the private market known as the 'Ghose Market ' situate within the Municipal area of Balasore for the last 20 to 30 years; and for the year 1958 -59 they had neither obtained the licence, nor paid the fees of Rs. 650/ - demanded by the Municipality. He admitted that no written licence is given but after payment of the money, in the receipt itself it is mentioned that he money is received towards the licence fee. He further admitted in his cross -examination that a Letter Ext. A dated 23 -2 -1959 was sent by the Municipality to the accused -Respondent Fanindranath Ghose calling upon him to submit his accounts to the Municipality for the purpose of fixation of the licence -fee for the year 1958 -59. No witness was examined on behalf of the defence. The main question for consideration is whether in fact the accused -Respondents made any application to the Municipality for running their private market for the year 1958 -59, and obtained a licence for the purpose.