K. AHMAD, C. J.

( 1 ) THIS is a reference made under Section 438 Cr. P. C. by Shri S. K. Mohanty, A. D. M. (J), Samhalpur. It is directed against an order dated 23-6-1965 passed by the Magistrate 1st Class, Panposh. whereunder the accused Marchia Oram has been convicted under Section 385-A of the Orissa Municipal Act arid sentenced to pay a fine of Rs. 40/- in default, to undergo S. I. for 10 days and further to pay a daily fine of Rs. 0. 50 paise from the date of the order till the petitioner obtains permission or demolishes the house.

( 2 ) THIS order of conviction is based on the allegation made on 13-12-1963 in the report of the Amin to the Executive Officer, Notified Area Council. Rourkela and on his evidence given by him at the trial court as P. W, 1 to the effect that the accused had been constructing a pucca house consisting of 5 rooms on a plot No. 459 in village Durga-pur without obtaining permission from the Municipality. This allegation by the trial court was found true.

( 3 ) IN Revision the validity of the order was very much challenged by the accused. The learned A D. M. (J) has allowed the revision application and has referred the case to this Court on 3 points.