RAM SARUP Vs. EMPEROR

JUDGEMENT

(1.) This a revision application of Ram Sarup alias Lallu Mal, a resident of Bijnor Municipality, from an order convicting him under Section 210, U.P. Municipalities Act, 1916, for the contravention of an order of the Municipal Board of Bijnor requiring him to remove certain structures erected by him in front of his shop without the permission of the Municipal Board as required under Section 209. As a matter of fact the prosecution case was that the construction in question had been made by the applicant against a resolution passed by the Municipal Board on 28-7- 1945. Learned Counsel for the applicant stated that no copy of the resolution had been produced by the Municipal Board before the learned Magistrate, but on an examination of the record I find that a certified copy of the resolution is in fact on the record, being paper No. 28A of the file.

(2.) The Special Magistrate who tried the applicant convicted him under Section 210, Municipalities Act, and sentenced him to a fine of Rs. 25. He appealed to the District Magistrate who rejected the appeal by a short order. After that the applicant went up in revision to the Sessions Judge of Bijnor who also rejected his application. He has now come up to the High Court in revision against the order convicting and sentencing him as stated above.

(3.) The resolution of the Municipal Board of Bijnor, dated 28-7-1945, prohibited the erection of shops by means of planks projecting out of any building within the limits of the Municipal Board Of Bijnor and also required the demolition of such shops as had already been erected in such manner. Admittedly, the applicant has erected a small shop in front of his pacca shop by means not such projecting planks. It appears that the top plank folds on hinges and that it is folded back in the evening and serves as a shutter for the door of the pacca shop which is locked up at night. In the day time the structure is used as an extra shop, and the evidence is that it has teen let out to a tailor.