Wanchoo, C.J.—These are two connected matters and we shall dispose them of by one judgment. The appeal is by the Mate against the acquittal of Nemichand by the District Magistrate, Churu. The revision is by Jaichandlal Vice President of the Municipal Board, Bidasar against Bhanwarlal and Nemichand.

2. The facts of the case may be briefly narrated. It appears that Bhanwarlal and Nemichand had applied to the Municipal Board, Bidasar on the 5th of November 1952 giving notice of constructing a house. As the application was not accompanied with the plan of the house and the Patta of the land on which the house was to be built, the Municipal Board gave notice to Bhanwarlal and Nemichand to submit the plan of the house and the Patta of the land and thereafter grant of permission would be considered. Bhanwarlal and Nemichand were also told that they should stop making constructions without notice to the Board as they were said to have already begun the construction.

3. Bhanwarlal and Nemichand replied to this notice by taking up the attitude that they were not bound under the law to give notice to the Municipal Board before constructing the house and asked the Board to state how the Board in

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