BHOLI BAI Vs. URBAN IMPROVEMENT TRUST UDAIPUR

JUDGEMENT

(1.) A challan was filed on behalf of the Urban Improvement Trust, Udaipur against the petitioner Mst. Bholi Bai in the court of the Municipal Magistrate, Udaipur with the allegation that the petitioner had raised some construction in her shop without the permission of the Trust and did not stop construction despite notice under section 90 of the Urban Improvement Act, 1959 (which will hereinafter be referred to as 'the Act'). The case of the petitioner was that the said construction was raised by her with due permission. At the trial, the learned Magistrate found that the stair-case in dispute was raised with permission and he did not accept the case of the Trust that the permission had, later, been withdrawn. The learned Magistrate further held that the door was to be kept at a place marked 'X' in the site plan exhibit D/I, but instead of keeping the door there, the door was kept at another place marked 'Y', in the plan. This, he held, was in contravention of the sanction and, therefore, the appellant was liable to punishment under section 91 of the Act. The petitioner was, therefore, sentenced to a fine of Rs. 101/-by his order dated 6-11-1970.

(2.) The petitioner preferred an appeal to the Sessions Judge, Udaipur who dismissed the appeal by his order dated 11-11-1971. Aggrieved by the conviction and sentence as passed by the learned Municipal Magistrate and upheld by the learned Sessions Judge, Udaipur, the petitioner has come to this Court in revision.

(3.) I have heard learned counsel for both the sides and perused the record.