STATE OF RAJASTHAN Vs. BHANWARLAL

JUDGEMENT

(1.) THESE are two connected matters and we shall dispose them of by one judgment. The appeal is by the State against the acquittal of Nemichand by the District Magistrate, Churu. The revision is by Jaichandlal, Vice President of the Municipal Board, Bidasar against Bhanwarlal and Nemichand.

(2.) THE facts of the case may be briefly narrated. It appears that Bhanwarlal and Nemichand had applied to the Municipal Board, Bidasar on 5th of November 1952 giving notice of constructing a house. As the application was not accompanied with the plan of the house and the Patta of the land on which the house was to be buflt, the Municipal Board gave notice to Bhanwarlal and Nemichand to submit the plan of the house and the patta of the land and thereafter grant of permission would be considered. Bhanwarlal and Nemichand were also told that they should stop making constructions without notice to the Board as they were said to have already begun the construction.

(3.) BHANWARLAL and Nemichand replied to this notice by taking up the attitude that they were not bound under the law to give notice to the Municipal Board before constructing the house and asked the Board to state how the Board insisted on asking them to obtain permission. Thereafter the Board gave notice to them that if they did not stop constructions, they would be prosecuted under Section 108 (6) of the Rajasthan Town Municipalities Act, 1951, hereinafter called the Act. As these persons did not stop the constructions, they were prosecuted by the Board. Bhanwarlal was acquitted, but Nemichand was convicted by the Magistrate and sentenced to a fine of Rs. 50. Nemichand appealed to the District Magistrate and the District Magistrate allowed the appeal and acquitted Nemichand also.