LAWS(ORI)-2006-6-40

EXECUTIVE OFFICER Vs. RAJANIRANI PADHI

Decided On June 21, 2006
EXECUTIVE OFFICER Appellant
V/S
Rajanirani Padhi Respondents

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and order of acquittal dated 25.05.1987 passed by the J.M.F.C., Berhampur in 3(a) C.C. No.131 of 1985 (T.R. No.172 of 1987).

(2.) The case of the prosecution, in short, is that on 11.01.1985 and thereafter it was found that the accused-respondent had demolished her existing house and reconstructed a new house without obtaining prior permission of the appellant. As such, the accused-respondent contravened Section 264 and 266 of the Orissa Municipal Act, 1950 (hereafter referred to as 'the Act'). A prosecution report against the accused-respondent was filed before the S.D.J.M., Berhampur which was registered as 3(a) C.C. No.131 of 1985.

(3.) The defence plea was one of stout denial.