Judgment

SINHA, J. : This appeal on a certificate of fitness granted by the Calcutta High Court under Art. 134 (1) (c) of the Constitution, is directed against the judgment and order of a Single Judge of that Court in its criminal revisional jurisdiction, convicting the appellant under S. 488/300 of the Calcutta Municipal Act, 1923 (which will hereinafter be referred to as the Act), and sentencing him to a fine of Rs. 50, in substitution of the order of conviction under S. 488/299 of the Act, of a fine of Rs. 75, passed by the lower Courts.

2. The facts found by the Courts below which are necessary to be stated for the purpose of this appeal, are as follows: The appellant who is the owner of the premises No. 10/3, Swarnamoyee road Howrah, encroached upon an area of 57 x 3 of the road side land of the Howrah Municipality to which the provisions of the Act have been extended. A notice, the terms of which we shall set out hereinafter, was served on the appellant to remove the encroachment aforesaid, and as he failed to carry out the terms of the notice within the specified time, the prosecution leading upto this appeal , was instituted before the Magistrate who under S.531, is called