SAILENDRA NATH DE Vs. CHAIRMAN CHAKDAHA MUNICIPALITY
HIGH COURT OF CALCUTTA
SAILENDRA NATH DE
CHAIRMAN CHAKDAHA MUNICIPALITY
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(1.) THE petitioner No. 2 claims to be the proprietor of a brick-field known as bengal Bricks situated at No. 2, Durganagar within the limits of chakdaha Municipality, District-Nadia. The petitioner No. 1 claims to be the Manager of the said brick field. The Chairman, Chakdaha Municipality by his letter dated 8th January; 1983 has informed the owner of the said Bengal Bricks field that without obtaining any license from the municipality under sections 182 and 370 of the Bengal Municipal Act, 1932 the said owner had been illegally manufacturing bricks. The Chairman had purported to impose upon the 6wner of the said brick-field a fine amounting to five times the licence fee for having contravened sections 182 read with section 500 of the Bengal Municipal Act, 1932. The chairman of the Municipality also imposed a fine of Rs. 1000/- upon the where of the said brick-field for having contravened the provisions of section 370 of the said Act and further a daily fine of rs. 200/- upon him from the date of expiry of the licence previously issued.
(2.) THE petitioners have challenged the authority of the. Chairman of the Municipality to punish the owner of the brick-field with said fine's under section 506 of the Bengal Municipal Act, 1932 for allegedly contravening the provisions of sections 182 and 370 of the said Act. The Chairman and the Commissioners have appeared and have made their submissions. Therefore I proceed to finally dispose of this writ application.
(3.) SUB-SECTION (1) of section 500, interalia, provides:-Whoever commits any offence by (a) contravening any provision of any of the section, sub-sections, clauses of sections or provisions of this Act' mentioned in the first column of the following table, or (b) failing to comply with any direction lawfully given to him or any requisition lawfully made upon him under any of the said sections sub-sections clauses or provisos, shall be punished with fine which may extend to the amount mentioned in that behalf in the third column of the said table.;
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