GHANASHYAM DAS Vs. CUTTACK MUNICIPALITY

JUDGEMENT

(1.) THIS criminal revision has been filed under the following circumstances : The opposite party launched prosecution against the petitioner under Section 385 -A of the Orissa Municipal Act for unauthorised construction of a pucca building. The petitioner pleaded not guilty and contended that he constructed the house on old foundation which was existing there prior to his purchase.

(2.) THE trial court by its judgment dated 24 -11 -64 held the petitioner guilty under Section 385 -A of the Act and sentenced him to pay a fine of Rs. 500/ - with a default sentence of S. I. for five months and also to pay a daily fine of Rs. 5/ - till he obtained permission for such unauthorised construction. The petitioner preferred Criminal Appeal No. 448 -C of 1964 before the Sessions Judge, Cuttack who by his judgment dated 16 -12 -65 allowed the appeal and set aside the conviction and the sentence. Then the opposite party preferred Criminal Appeal No. 67 of 1966 before this Court against the order of acquittal. By its judgment dated 14 -8 -68 this Court set aside the order of acquittal, convicted the petitioner under Section 385 -A of the Act and sentenced him to pay a fine of Rs. 500/ - or in default to undergo S. I. for five months. He was further sentenced to pay a daily fine of Rs. 5/ - from the date the prosecution was launched till he either demolished the unauthorised construction or obtained necessary permission from the Municipality. Aggrieved by the judgment of this Court the petitioner preferred Criminal Appeal No. 9 of 1970 before the Supreme Court and by judgment dated 1 -8 -73 the Supreme Court dismissed the appeal and confirmed the conviction and the sentences passed by this Court. The petitioner also filed a review petition before the Supreme Court which was dismissed on 7 -8 -74.

(3.) THE learned Magistrate by his order dated 21 -9 -76 rejected the application under Section 482 Criminal Procedure Code and directed issue of warrant for realisation of the sum of Rs. 18,710/ - from the petitioner. It is against this order that the present criminal revision has been preferred :