JAGAT NARAYAN, J.—This is a petition under Art.226 of the Constitution by one Vijairaj against an order of the Revenue Appellate Authority purporting to have been passed in exercise of its power under sec.300 of the Rajasthan Municipalities Act, 1959. I have heard the learned counsel for the parties and have perused the material on record.

2. A perusal of plan annexure 5 is necessary to understand the case. The house enclosed by red line is the house of Vijairaj and that enclosed in green line is the house of Suraj Roop respondent No. 1. There is now a Chabutri shown in yellow abutting the walls of the houses of Vijairaj and Suraj Roop. The Sanitary Inspector made a report on 26.12.61 to the Municipal Commissioner that this Chabutri was an encroachment on municipal land. The petitioners predecessor-in-title Sumermal had obtained permission for opening a door in his wall at the place where the Chabutri had been constructed by respondent No. 1. He too made a complaint before the Administrator of the Municipal Council on 29.12.61 alleging that this Chabutri was a new encroachment made by Suraj Roop.

3. After hearing the parties the Municipal Commissioner held that part of the Chabutri w

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