( 1 ) THESE two appeals are filed by the present appellant who was the original complainant. The present respondent No. 1 wa the accused in the Summary Case Nos. 1065/78 and 39 of 1979 for the alleged offence of carrying out illegal construction without the permission of Patan Municipality and therefore punishable under sec. 155 (7) of the Gujarat Municipalities Act 1963 (Act XXXIV of 1964) hereinafter referred to as the Act. According to the complainant who is an employee of the Patan Municipality the accused had-illegally constructed some additional portion in his house. After recording the evidence the learned Magistrate was satisfied that no offence was committed by the accused. Hence by his judgment and order dated 7/06/1979 the learned Judicial Magistrate First Class Patan acquitted the accused in both the cases.

( 2 ) IT is not in dispute that the original accused who is respondent No. 1 in these two appeals had given an application to the Municipality on 27/01/1978 seeking permission to make additional construction in his house. It is also agreed on behalf of the Municipality that a plan was submitted with the aforesaid application. The applicant went to th