JUDGMENT :

A. Pasayat, J. - Petitioner's bi-cycle was seized by staff of Cuttack Municipal Corporation (hereinafter referred to as the 'Corporation') on the ground that it was being plied inside the Corporation limits without requisite licence.

2. Petitioner's case, in brief, is as under :

Petitioner is the owner of an Atlas brand bi-cycle. He being a permanent resident of Purunabasanta Grama Panchayat which forms, part of Raghunathpur Panchayat Samiti, had obtained requisite licence for user of his bi-cycle. He comes to Cuttack occasionally for personal works. Though he had obtained a licence for user of his bi-cycle, under an erroneous impression that it was unlicensed, seizure thereof was made purportedly u/s 186 of Orissa Municipal Act, 1950 (in short, the 'Act') and Orissa Municipal Rules, 1953 (in short, the 'Rules' ) framed thereunder. Stand of petitioner is that in view of Section 188 of the Act, he having obtained licence for plying his cycle, there was prohibition on further collection. Executive Officer of the Corporation has taken the stand that at the time of seizure, documents relating to payment of licence fee could not be produced and therefore, there was liability to