MUNICIPAL COMMISSIONER Vs. J N ERANNA RAO
HIGH COURT OF ANDHRA PRADESH
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(1.) This is a revision against acquittal of the respondent by the Sub-Divisional
Magistrate, Adoni. The petitioner is the Municipal Council, Adoni. The
charge against the respondent was that he reconstiucted a side wall and re-roofed
his house without the permission of the petitioner Municipality.
(2.) The prosecution case may be briefly stated. The respondent owns a house
No. 57 in Ward No. VIII within the Municipality of Adoni. On 9th November,
1953, he applied for permission to construct an upstair and re-roof his house. The
permission asked for was granted on the 30th of November, 1953. Three days
later, that is, on the 3rd December, 1953, the respondent submitted a second application
to re-roof his house and reconstruct the walls, with a plan artached thereto.
This application was forwarded to the Buildings Inspector, who inspected the
place on the 12th December and recommered refusal of the permission as the
reconstruction of the walls would violate Rule 9 (2) of the Revised Building Rules.
(3.) On this report the second application of the respondent was rejected on the 24th
December, 1953. Meanwhile the Buildings Inspector inspected the locality on
14th December, 1953 and found that the respondent had commenced reconstruction
of walls to a height of 6 or 7 feet. Thereupon a notice, Exhibit P-4, was issued
by the Commissioner under section 216 (2) of the District Municipalities Act (hereinafter
called the Act) but the respondent refused to receive it and so it had to be
affixed to the door of his house. On the 2nd of January, 1954, a notice confirming
the earlier one was issued under section 216, sub-section (3) of the Act. This was
also refused by the respondent and the same procedure as on the earlier occasion
was followed. A chrge-sheet was filed on the 28th December, 1953.
The defence was that the reconstruction was made with the necessary permission
of the Municipality and also that the accused was not served with either of the two
notices issued under section 216 of the Act.;
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