Judgement

K. N. WANCHOO, J. : This appeal on a certificate granted by the Allahabad High Court raises a question relating to the interpretation of certain provisions of the U. P. District Boards Act, (U. P. X of 1922) and the U. P. Town Areas Act, (U.P. II of 1914). It is necessary to state the facts on which the question has arisen. Asa Ram appellant runs certain machines with the aid of power in premises which are in a locality which is admittedly within the Jalalabad town area since the year 1953-54. He did not take out a licence for running these machines for 1953-54, as required by bye-law (7) of the Muzaffarnagar Factories Bye-laws, framed by the District Board of Muzaffarnagar, under S. 174 (1) (k) read with S. 106 of the District Boards Act. Consequently, he was prosecuted for contravening the byelaws in question. He admitted that he was running these machines with the aid of power; but his contention was that as the premises where the machines were running were in the town area of Jalalabad, the byelaws framed by the District Board did not apply to him and it was not necessary for him to take out a licence, and his prosecution at the instance of the District Board for contr