MARCHIA ORAM Vs. EXECUTIVE OFFICER NOTIFIED AREA COUNCIL

JUDGEMENT

(1.) THIS is a reference made under Section 438 Cr. P. C. by Shri S. K. Mohanty, A. D. M. (J), Samhalpur. It is directed against an order dated 23-6-1965 passed by the Magistrate 1st Class, Panposh. whereunder the accused Marchia Oram has been convicted under Section 385-A of the Orissa Municipal Act arid sentenced to pay a fine of Rs. 40/- in default, to undergo S. I. for 10 days and further to pay a daily fine of Rs. 0. 50 paise from the date of the order till the petitioner obtains permission or demolishes the house.

(2.) THIS order of conviction is based on the allegation made on 13-12-1963 in the report of the Amin to the Executive Officer, Notified Area Council. Rourkela and on his evidence given by him at the trial court as P. W, 1 to the effect that the accused had been constructing a pucca house consisting of 5 rooms on a plot No. 459 in village Durga-pur without obtaining permission from the Municipality. This allegation by the trial court was found true.

(3.) IN Revision the validity of the order was very much challenged by the accused. The learned A D. M. (J) has allowed the revision application and has referred the case to this Court on 3 points.