( 1 ) THIS is a revisional application for setting aside the conviction and sentence of the petitioner under by-law No. 25 of the by-laws made under Section 245 of the Bengal Municipal Act, 1932, (Bengal Act XV of 1932 ). The case for the prosecution is that the petitioner who owns a house by the side of a public lane within the Municipality of Asansol constructed a wall on the said lane by encroaching upon it. He did not remove the wall in spite of the requisition of the Chairman on behalf of the Commissioners of the Municipality made under the provision of Section 240 (l) (b) of the said Act.

( 2 ) THE petitioner denied that he had made any encroachment.

( 3 ) THE petitioner was found not guilty of the offence under Section 240 (1) (b)/500 of the Act and acquitted by the learned Magistrate who tried him. But the petitioner was found guilty under by-law No. 25, convicted and sentenced to pay a fine of Rs. 10/- in default to undergo simple imprison-ment for two days.

( 4 ) SECTION 245 of the Bengal Municipal Act provides:"the Commissioners at a meeting may make by-laws - (a) to regulate or prohibit any description of. traffic on public street or on approache