SUBASH CHANDRA PATNAIK Vs. EXECUTIVE OFFICER NOTIFIED

JUDGEMENT

(1.) THE petitioner has challenged the order passed by the learned Judicial Magistrate, Surada, convicting him under Section 383 of the Orissa Municipal Act ('Act' for short) and sentencing him to pay fine of Rs. 40/ - in default, to undergo simple imprisonment for ten days.

(2.) THE facts which are simple are recounted below. The petitioner owns and operates a rice and flour mill within the area of Surada Notified Area Council (hereinafter referred to as the N. A. C). He paid the annual licence fee levied by n. A. C. till the year 1979 -80 at the rate of Rs. 50/ -. In the year 1980 -81 the N.A.C. authorities levied licence fee of Rs. 350/ -, which the petitioner did not deposit, but nevertheless without obtaining a valid licence operated the mill. Therefore, the opposite party filed a prosecution report against him for having committed an offence under Section 383 for contravention of Section 290(1)(v) of the Act.

(3.) THE learned Judicial Magistrate held that the State Government by notification had prescribed the maximum limit of the annual licence fee at Rs. 60/ - and so the N.A.C. authorities had no jurisdiction according to law to levy annual licence fee at Rs. 350/ - Nevertheless, he convicted and sentenced the petitioner, because, he operated the rice and flour mill during the year in question without obtaining a licence.