Judgment

GAJENDRAGADKAR, J. : This appeal by special leave raises a short question about the validity of bye-law No. 3 and other relevant bye-laws framed by respondent No. 2, the Municipal Board of Tanda, on January 21, 1958. The appellant Chaudhari Afzal Ullah is a resident of Tanda and owns a piece of land and super-structures standing on it along with the compound , in the town of Tanda. On his own land, within the compound he has established a market in which food-grains are sold. The Chairman of respondent No. 2 served a notice on the appellant calling upon him to obtain a licence for running the said market, and on the failure of the appellant to comply with the said notice respondent No. 2 initiated criminal proceedings against the appellant . The appellant was tried by the Tehsildar of Tanda (Cr. Case No. 141 of `1960). The case against the appellant was that he was running a market in which vegetables, fruits, fish and grains were sold. It was alleged that under the relevant bye-laws, the appellant was bound to take a licence and since he had failed to do so, he had committed a breach of the said bye-laws and had thus rendered himself liable to be punished under section 299