MD. NADIR SHAH Vs. STATE

JUDGEMENT

(1.) THE applicant - -Nadir Shah has filed this petition challenging the orders passed by the Magistrate as well as by the Sessions Judge on appeal. In order to appreciate the points raised, it will be necessary to refer to the facts in little detail.

(2.) THE applicant - -Nadir Shah is the owner of a certain land in Paltanbazar in the town of Gauhati. He permitted this land to be used as a market and under his permission, people used to come to this land and put up their stalls and sell fish and other articles. The Municipal Board started prosecution of the applicant under Section 217 of the Assam Municipal Act on the allegation that under the resolution of the Municipal Board, nobody could permit his land to be used as a market without licence from the Board.

(3.) THE contention of the counsel for the applicant is that even if the Sessions Judge's judgment is upheld by this Court that no appeal lay to him, it is open to this Court in the exercise of its revisional powers to set aside the orders of the Magistrate and in the circumstances, it is not necessary to examine the legality of the order passed by the Sessions Judge in appeal. The main question therefore is whether the order passed by the Magistrate is a valid order or not.