SANKAR BHATTACHARYYA, J. N. HORE

( 1 ) THE petitioners in this Rule are co-owners of premises No. 155, Netaji Subhash Avenue, Serampore. Sometime in 1981, they submitted to the Serampore Municipality for sanction a plan for carrying out certain additions and alterations in respect of the said building and the plan was duly sanctioned.

( 2 ) IN September, 1981, however, the Chairman of the Municipality informed petitioner No. 1 in writing that an enquiry would be held in connection with the building plan sanctioned by the Municipality. Accordingly, an enquiry was held and the report submitted disclosed certain deviations from the sanctioned plan.

( 3 ) THEREAFTER, petitioner No. 1 received a letter from the Chairman of the Municipality asking him to explain why certain portions of the building, as mentioned in the letter, would not be demolished. Pursuant to the said letter petitioner No. 1 sent an explanation raising certain objections therein but, ignoring the explanation, a complaint under Section 501 of the Bengal Municipal Act, 1932 ('act' for short) was lodged against the petitioners in the court of the learned Sub-Divisional Judicial Magistrate, Serampore. The learned Sub-D

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