Honble PANWAR, J.–By the instant Special Appeal under Section 18 of the Rajasthan High Court Ordinance, the appellant- petitioner has sought the relief of setting aside the impugned judgment and order dated 19.7.99 passed by the learned Single Judge in SBCWP No. 2159/1997 and allowing the writ petition as prayed therein.

(2). The facts, relevant and necessary for decision of the instant Special Appeal, in succinct, are that the appellant purchased an old house from one Smt. Shanti Kumari Lodha vide registered sale deed dated 15.5.87. The said property is situated at Moti Chowk, Jodhpur. Smt. Shanti Kumari acquired ownership and possession of the said property by a judgment and decree dated 6.6.72 passed by the Calcutta High Court in Civil Suit No. 867/1934. After purchase of said property, the appellant filed an application under Section 170 (1) of the Rajasthan Municipalities Act, 1959 (for short, ``the Act hereinafter) before the respondent Municipal Corporation, Jodhpur seeking permission for raising construction of shops and residential house. Respondent did not respond the notice and, therefore, a notice under Section 170 (8) of the Act was served upon the respondents fixing a

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