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Judgment
5 paragraphs · 89 wordsLakshmana Rao, J.—The accused was prosecuted for failure to remove an encroachment in a public street and he has been acquitted on the
ground that
the question of establishing the panchayat Board''s title or claim to the alleged encroachment is purely of a civil nature.
2.
This is obviously erroneous and the Magistrate has to decide the legality or otherwise of the notice u/s 159(1) of the Madras Local Boards Act.
The order of acquittal is therefore set aside and there will be a retrial in accordance with law.