RAJKUMAR RAM Vs. CHAIRMAN SASARAM MUNICIPALITY

JUDGEMENT

(1.) This is an application against the concurrent orders of the Courts below convicting the petitioners under Section 218, Bihar Municipal Act.

(2.) The gravemen of the charge against them was that they had made a privy on the first floor of their premises without permission of the Municipality, and which had been made by encroachment on a portion of the Municipal survey plot No. 440 of Ward No. 3 which belongs to the Municipality.

(3.) The defence of the petitioners was that this latrine was made about six years ago, when the second storey was built, and that, under Section 375, Bihar Municipal Act, the prosecution was barred. They further pleaded that there had been no encroachment on the Municipal survey plot No. 440.