ABDUL RAUF Vs. BANARSI LAL

JUDGEMENT

(1.) The petitioner was convicted by the Senior Deputy Magistrate at Dhanbad of an offence under Section 26(3) of the Bihar and Orissa Mining Settlements Act, 1920, and was fined Rs. 50 with one month's simple imprisonment in default. An application was made to the Additional District Magistrate by the petitioner to refer the case to the High Court and upon his refusal to do so this petition for revision of the original order was filed.

(2.) The Bihar and Orissa Mining Settlements Act, applies to specified areas in Dhanbad, the object of the Act being to make better provision for preventing the outbreak and spread in the prescribed area of epidemic disease. Section 26(3) enacts: Whoever-- (a) fails to comply with any requisition or order made under any provision of this Act or of any rule, by-law or order made thereunder; or (b) contravenes any provision of this Act or any rule, by-law or order thereunder, for the breach of which no penalty is otherwise provided, shall be punishable with fine....

(3.) The petitioner is a temporary thiccadar under the Jharia Raj who are the owners of the soil and in particular of a set of pucca buildings in which is held periodically the Jharia hat bazar. The precise terms of the thicca have not been proved but it is perfectly clear from the evidence in the case that the thiccadar manages the hat and has the right of collecting rents from the person who use the buildings and any supplementary buildings which may be erected and sell their goods on the occasions when the hat is held. It would appear from the evidence that the Board created under the Act on the recommendation of their medical officer on the 22 January 1931 issued a notice to the petitioner in the following terms: Whereas it has been brought to the notice of this Board by its Chief Medical Officer that you permit erection of insanitary structures and there by allow congestion in the Jharia Hat Bazar, notice is hereby given you under Section 19(2) of the Bihar and Orissa Mining Settlements Act, 1920, and you are ordered not to permit in future construction of any new structure in the said Bazar without first submitting a site plan and details of construction and obtaining the written approval of each plan by the Chief Medical Officer.