2009 Supreme(Raj) 1998
DINESH MAHESHWARI
Heera Lal – Appellant
Versus
Additional Divisional Commissioner, Udaipur – Respondent
Advocates:
For the Petitioner:Girish Joshi, Advocate.
JUDGMENT
1. - The petitioner, having been allotted 12' x 8' size strip of land in front of his house by the Municipal Council, Udaipur but having been denied permission to raise construction on this strip under the orders/communications dated 10.10.2007 (Annex. 4) and 23.01.2008 (Annex.5); and the appeal taken by him having been dismissed by the Collector, Udaipur on 06.05.2008 (Annex.7); and further, the revision petition filed by him having been dismissed by the Additional Divisional Commissioner, Udaipur on 23.08.2008 (Annex.9), seeks to question the orders aforesaid by way of this writ petition.
2. From the averments as taken in the writ petition and the material as placed on record, it appears that the petitioner has a residential house at Maldas Street, Udaipur and the said strip of land, admeasuring 12' x 8' in front of the house, was allotted to him by the respondent Municipal Council, Udaipur after charging Rs. 1,10,000/- towards premium and Rs. 55,000/- towards lease amount; and a lease deed was executed in his favour on 25.10.2004 (Annex.1). The petitioner filed a civil suit bearing No. 85/2006 in the Court of Civil Judge (Junior Division), Udaipur City (North), Udaipur f
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