EXECUTIVE OFFICER, BERHAMPUR MUNICIPALITY Vs. KAMANA PADHI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 6.5.1991 passed by the Learned J.M.F.C., Berhampur in 3(a) C.C. No. 5 of 1990 (T.R. No. 571 of 1990) acquitting the Respondent of the offence under Section 385 -A of the Orissa Municipal Act.

(2.) THE case of the prosecution is that on 28.9.1989 P.W. 2, the Amin of Berhampur Municipality had visited Ward No. 13. He noticed foundation of a house laid by the accused -respondent at Nilakantheswar Temple road near Dayamohanty tank within the Municipal limits of Berhampur. On demand, the accused -respondent could not produce any permission of the Municipality for such construction. Therefore, he intimated the matter to the Town Surveyor. On receipt of such information, the Town Surveyor made spot visit and submitted his report to the Assistant Executive Officer. The Asst. Executive Officer, in his turn, served a notice on the accused -respondent calling upon him to show cause as to why action would not be taken against him and further directed to rectify the defects. It is alleged that when in spite of receipt of notice the accused -respondent did not rectify the defects, prosecution report was submitted.

(3.) IN order to prove its case the prosecution examined as many as three witnesses and relied on four exhibits. The accused -respondent examined none in support of his plea.