P.K. Mohanti, J. - (1.)THIS appeal has come up before us on a reference made by our learned brother Panda, J.
(2.)THE Respondent Bhikari Dikshit was convicted by the trial Court under Section 383 read with Section 255(2) of the Orissa Municipal Act, 1950 and sentenced to a fine of Rs. 40/ - with a default sentence of simple imprisonment for 20 days. He was also directed to pay a sum of Rs. 1,092/ - as the fees chargeable for the licence as provided under Section 337(6) of the Act. The accusation against him was that he had erected a temporary cabin on the public road on municipal plot No. 3857 covering an area of 26' X 10' 6" and was in occupation of the same during the year 1969 -70 without obtaining the requisite licence. It was also alleged that he failed to comply with a notice requiring him either to obtain a licence on condition of payment of the requisite licence fee of Rs. 1092/ - or to remove the encroachment.
At the trial, the Respondent admitted that he had put a cabin on the municipal land and used the same during the year 1969 -70, but contended that he had paid the licence fee for the previous years at the rate of Rs. 2/ - per square feet, that there was no demand of licence fee for the year 1969 -70 and that he was not aware of the enhancement of the rate of licence fee from Rs. 2/ - to Rs. 4/ -.

(3.)THE trial Court on a consideration of the oral and documentary evidence adduced by the parties held the Respondent guilty and inflicted the sentence as indicated above.