TOWN SURVEYOR Vs. MANORAMA PANIGRAHI

JUDGEMENT

(1.) None appears for the parties. The Town Surveyor authorised by the Executive Officer, Berhampur Municipality has presented this appeal against the judgment dated 09.09.1988 passed by the Learned Judicial Magistrate, Second Class, Berhampur in 3(a) C.C. No. 84 of 1986 (T.R. No. 32 of 1988) acquitting the respondent from the charge under Sec. 385 -A of the Odisha Municipal Act, 1950. This appeal was filed in this Court in 1991 and was admitted after the grant of leave. In the meantime twenty six years have elapsed from the time of the order of acquittal. At this distance point of time in my consider view, it would be travesty of justice to alter the finding of acquittal into one of conviction. Therefore, relying on the decision of this Court rendered by His Lordship, Justice S.B. Roy (as His Lordship then was) in Town Surveyor authorised by the Executive Officer Berhampur Municipality, Berhampur v/s. Shri A. Madhaba Roy reported in, 2006 (Supp -I) OLR 146, the appeal is hereby dismissed.