D.V.Sehgal, J.

1. This judgment shall dispose of C.W.P. No. 5057 of 1988 and C.R. No. 1102 of 1988. The subject-matter of dispute in both of them being the same and the questions of law involved being common, it is expedent to dispose them of together. Reference to the parties, facts and documents, unless otherwise specified, shall, however be made from C.W.P. No. 5057 of 1988.

2. When C.R. No. 1102 of 1988 was at the motion stage, an order was passed on 6.5.1988 by M.S. Liberhan, J. appointing Shri Rajan Gupta, Advocate as Local Commissioner to inspect the spot and submit his report within a week on the following points:-

(i) Whether any wall has been constructed ?

(ii) Whether there is any interference in the working of the petrol pump.

The Local Commissioner submitted his report dated 11.5.1988. The Administrator, Municipality Thanesar (Kurukshetra), respondent therein, filed C.M. No. 2456-CII of 1988 vide which certain objections were raised against the report of the Local Commissioner. Surinder Singh petitioner therein, on the other hand, filed C.M. No. 2460-CII of 1988 vide which were appended therewith. Surinder Singh (hereinafter referred to as `the dealer) is a les