ORDER

Sen, J. - This rule has been obtained by the petnr. who has been tried for contravening certain provisions of the District Board Bye Laws and who has been convicted for disobeying Section 46 read with Sections 2 & 3 of the aforesaid Bye Laws and sentenced to pay a fine of Rs. 30, in default to undergo simple imprisonment for one month.

2. The case against the petnr. briefly is that he encroached upon the District Board Road and in spite of notice did not remove the encroachment.

3. The defence is that there was no encroachment upon the District Board Road but that the alleged obstructions were made upon the land of the petnr. The next point taken was that the prosecution was void ab initio by reason of the fact that there was no sanction by the Board for this prosecution.

4. In view of the conclusion at which I have arrived it will not be necessary for me to go into the question whether or not there has been a disobedience of the Bye Laws. Section 141, Bengal Local Self-Govt. Act, 1885, provides that a prosecution under this Act for breach of its Bye Laws may be instituted by any board or by any person authorised by the Board in this behalf. The question for determination is as t