Bapna, J.—This is a petition under Art. 226 of the Constitution of India.

2. The petitioner, Bhairon Lal, is a halwai and has his shop in the main market of Rampura Bazar at Kotah. He purchased a strip of land 20X5 in front of his shop on the 16th February, 1954, from the Municipal Board and on the same day the Board granted him permission to remodel his shop and to construct a varandah in front of the same. The petitioner started his construction. On 18.3.54 respondent No. 4, Rameshwar Dayal Saxena, General Secretary of the District Congress Committee, wrote to the. Sub-Divisional Officer to stop the construction as according to him the petitioner was encroaching upon the Government land and had started his construction beyond the line of the Gandhi Bhawan (Town Hall). The Sub-Divisional Officer purporting to act for the Collector passed an order on the same day stopping the construction and directed the petitioner to show cause on the 22nd of March 1954, why the order be not made absolute. On the 22nd March, 1954, the Executive Engineer, Public Works Department, Mr. V. R. Bhatnagar, also gave notice to the petitioner to stop the construction as he was thereby) encroaching upon the

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