TYAGI, J.—This is a reference made by the Sessions Judge, Bharatpur and it arises out of the following circumstances.

2. Petitioner Mst. Dhoopo raised certain constructions within the municipal limits of Deeg without the permission of the Municipal Board and, therefore, a notice was issued to her by the Municipal Board, Deeg, to refrain from making the construction. When she did not pay any attention to that notice and continued the construction undertaken by her, the Municipal Board, lodged a complaint against the petitioner in the court of the Sub-Divisional Magistrate, Deeg under secs. 170(11), 203 and 251 of the Rajasthan Municipalities Act, 1959. The learned Magistrate after recording the evidence of the parties found the petitioner guilty of committing offence of raising construction on a public street without the permission of the Municipal Board and, therefore, she was convicted under secs. 170, 203 and 251 of the Rajasthan Municipalities Act,1959, and she was sentenced to pay fine of Rs. 10/,- 25/-and Rs. 15/- respectively on these counts. The learned Magistrate also ordered that in default of the payment of the fine she would serve simple imprisonment for a week. The petit

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