JUDGMENT

Sulaiman, C.J. - This is a reference by the Additional Sessions Judge of Ghazipur recommending that the convictions of Parshottam Kandu under Sections 185 and 307, Municipalities Act, be set aside. The reference proceeded on the assumption that a mistake had been committed by the chairman of the Municipal Board in granting a conditional sanction to the applicant for re-erecting a wall of his house which was close to a lane, and that the chairman had no power to direct that the applicant before rebuilding his wall should leave a space of 9 feet to the south-west of the wall. The case came up before a learned Single Judge of this Court who was inclined to take the same view, but in view of certain conflict of opinion in this Court referred it to a Division Bench.

2. If we were to assume in favour of the applicant that he was trying to erect an old wall and not erect any building, then there might have possibly been something to be said in his favour, as Section 178 requires a notice in case of the erection of a building or part of a building, and in the case of a re-erection of a building only. But the Criminal Court has found that the accused constructed new wall in contraven