- (1.) This special leave to appeal is directed against the order of learned Addl. Chief Judicial Magistrate No. 1, Jaipur Development Authority, Jaipur dated 8th March, 1989, wherein he has allowed the claim of respondent and discharged the petitioner from the offences U/ss. 31(1), 32(7) and 33(2) of the Jaipur Development Authority Act, 1982.
(2.) A complaint was filed by the Enforcement Inspector before the learned Magistrate on behalf of Jaipur Development Authority alleging therein that on 7.9.1982, he inspected Plot No. 27, Haridas Nagar, Near Barkat Colony and it was found that the unauthorised construction of two rooms in an area of 30'x37' was going on and also raising construction of two kitchen, verandah," staircase, W.C., bathroom etc. on the said plot. A notice was given to the accused for demolishing the constructions made by him and stopping the further unauthorised constructions but the accused respondent did not comply with the notice and, therefore, a complaint was filed against the accused U/ss. 31(1), 32(7) and 33(2) of the Jaipur Development Authority Act, 1982. Inter alia, the respondent denied the allegations and prayed for trial. During trial, four prosecution witnesses were examined and accused also produced two witnesses in defence. The learned ACJM instead of deciding the case on merits, he has taken the view that as complaint has been filed beyond limitation, therefore, no cognizance can be taken in the complaint after expiry of limitation.
(3.) Being dissatisfied with the order of learned ACJM No. 1, the petitioner has filed this leave to appeal. Notices were issued to the respondent why the appeal be not allowed.;