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2005 Supreme(Raj) 1029

PRAKASH TATIA
Ramdev – Appellant
Versus
The State of Rajasthan – Respondent


Advocates Appeared:
Mr. Sajjan Singh and Mr. K.R. Saharan, for the Petitioners.
Mr. N.S. Acharya, for the Respondent No. 4.

Judgment

Prakash Tatia, J.- Though much has been argued by the learned Counsel for the parties on factual aspect of the matter but brief facts which are necessary for the purpose of deciding this writ petition are that the petitioner No. 1 filed the suit for injunction before the civil Court seeking relief of injunction against raising of construction by non-petitioner No. 4 for which she sought permission for construction of building from respondent No. 2 Municipal Council, Bikaner. The plot of the petitioner and respondent No. 4 are situated on the same road in same line. The petitioner No. 1, in his suit also sought relief against compounding of illegal construction by the Municipal Council, Bikaner which respondent No. 4 is intending to raise. The petitioner placed on record copy of a map (Annexure-1) and alleged that for the entire colony, a scheme was framed and it was provided in the map of the colony that there shall be set-back for each plot. According to the petitioners, respondent No. 4 applied for grant of permission for raising construction under Section 170 of the Rajasthan Municipalities Act, 1959, (for short "the Act of 1959") upon which permission was granted to re































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