JUDGMENT

M. H. Hussain, J. - This is a reference made by the learned Sessions Judge, Varanasi, for setting aside the impugned order dated 5th April, 1969 passed by the Addl. City Magistrate, Varanasi convicting the applicant under section 460 of the Nagar Mahapalika Act, 1959 and sentencing him to pay a fine of Rs. 150/ or in default of payment of fine to undergo simple imprisonment for one month.

2. The brief facts are that the applicant was prosecuted by the Nagar Mahapalika under section 326/327/460 of the Nagar Mahapalika Act for having constructed boundary wall in front of his house without obtaining due permission of the Nagar Mahapalika.

3. The applicant pleaded not guilty and contended that he had submitted for approval a site plan for the construction of the boundary wall and no orders thereon had been passed by the Nagar Mahapalika and since there was an apprehension of encroachment over his land, therefore, he constructed the boundary wall. It was also contended that Ch. XIII of the Nagar Mahapalika Act relating to building regulations had been suspended by the U. P. Regulation of Building Operations Act, 1958, and therefore, the applicant could not be prosecuted under Se