EXECUTIVE OFFICER MUNICIPAL BOARD Vs. HARKA RAM

JUDGEMENT

(1.) THIS is an appeal by the Executive Officer, Municipal Board, Rajgarh, against the judgment of the learned Additional Sessions Judge, Churu, dated the 31st May, 1960, acquitting accused Harka Ram of the offence under Section 1. 65 of the rajasthan Town Municipalities Act, 1951 (hereinafter called the Act) and setting aside the fine. which was imposed on hijn by the. Sub-Divisional Magistrate First class, Rajgarh, on 30th April, 1960.

(2.) THE facts giving rise to this appeal are that on 2. 2nd September, 1950, the executive Officer of the Municipal Board, Rajgarh, presented a complaint in the court of the Sub Divisional Magistrate First Class, Rajgarh. It was stated by him that the house of the accused Harka Ram was 'situated in a locality called Mohalla mochiyan, Shitala Chowk. On the eastern side off that house there was an open piece of land, which belonged to the Municipal Board and which was leased out to one Debu Mochi. The accused broke open a portion of the wall of his house on the eastern side in order to construct a door. When the complainant came to know about it, he served a notice dated 28th August, 1959, directing the accused to close the opening which he had made. The accused refused to accept that notice and so another notice was sent to him on 29th August, 1959, by registered post. Even then, the accused did not comply with the notice and disobeyed it. It was therefore prayed that the accused should be convicted under Section 165 of thesaid Act.

(3.) THE accused admitted in the trial court that he had opened a door in the wall which was adjacent to the land given out on lease by the Municipal Board to Debu mochi. He, however, denied his guilt and pleaded that he had presented an application to tile Municipal Board asking for permission to open the said door and that the required permission was given to him by the Board. He, therefore, demolished a portion of the wall in order to construct a door. It was also pleaded by him that he was being prosecuted on account of party factions between the members of the Board.