Kuppuswami Ayyar, J.

1. The petitioner has been convicted of an offence punishable under Section 207 read with Schedule 8 and Section 171, Local Boards Act, and sentenced to pay a fine of Rs. 51 by the Joint Magistrate of Madanapalle. On appeal the learned Sessions Judge of Chittoor confirmed the conviction and sentence. The prosecution case was that the petitioner was having a private market within the limits of the Panchayat Board of Punganur without having a license as required by Section 171, Local Boards Act. That petitioner did not take out a license is admitted. But what is stated for him is that he has been having this private market for a number of years without taking out a license and that he has been having it from 1880 and consequently he was not bound to take out a license. It is further stated that he was in possession of this market only as receiver appointed in the suit by the civil Court and consequently the prosecution is invalid without the sanction of the Court which has appointed him receiver. Section 171 of the Act runs thus:

No person shall open a slew private market or continue to keep open a private market unless he obtains from the panchayat a licence