S. Malik, J. - (1.) HEARD parties.
(2.) THIS is an application in revision by Riasat Ali Khan against the judgment dated 31 -5 -1968 passed by Shri T.C. Hariomal, Addl. Sessions Judge, Rampur, upholding the conviction of the Applicant Under Section 13(2) of the UP Roadside Land Control Act (hereinafter to be referred to as the Act) and reducing the fine imposed by the learned Magistrate from Rs. 2/ - per day to Re. 1/ - per day during the continuance of the encroachment. The relevant facts are that the Applicant was convicted and sentenced on 13 -9 -1966 for constructing a building, in which the Applicant opened a shop, within the controlled area by the side of Bareilly Moradabad road. As the Applicant did not remove the building after his conviction, a second complaint Under Section 13 of the Act was filed against him which resulted in the impugned orders passed by Shri J.P. Garg, Magistrate First Glass, Rampur on 29 -3 -1968 and the learned Addl. Sessions Judge already mentioned.
(3.) IT was contended on behalf of the Applicant that a perusal of the relevant provisions of the Act will show that the Applicant could be tried, convicted and sentenced for a continuing contravention if the offence committed by him was covered by the provisions of Sub -section (1) of Section 12 of the Act as laid down in Clause (b) of Sub -section (1) of Section 18 of the Act.;