( 1. ) -THIS petition is directed against an order dated 5. 1. 2008 Annexure P-19 issued by the Commissioner, Municipal Corporation, Katni by which the Commissioner cancelled the permission granted to the petitioner dated 27. 10. 2006 on the ground that the aforesaid permission was obtained by the petitioner by concealing certain facts. This order has been assailed by the petitioner on following grounds :-

(i) That before issuance of order Annexure P-19, no show cause notice or opportunity of hearing was extended to the petitioner and the principles of natural justice were violated by respondents No. 4 and 5.

(ii) That the permission to construct a market was accorded by respondent No. 4 on 27. 10. 2006 and in compliance of the aforesaid permission, the petitioners had commenced the construction At the time of issuance of order Annexure P-19, 50% of the work was already completed.

(iii) The Commissioner was having power to modify or revoke such permission under section 299 of the M. P. Municipal Corporation Act, 1956 [hereinafter referred to act] though such powers could have been exercised before commencement of the work but after commencement of the work as per the sanction, the Commissioner was not having any powers in this regard to either modify or revoke permission granted to the petitioner.

(iv) That the grounds on which the order Annexure P-19 was issued was based on non-existing ground. In absence of any opportunity of hearing to the petitioners, the petitioners were deprived to raise all these contentions before the respondents.

(v) That the permission once accorded and the construction was commenced then only the State Government under section 299a of the Act was having powers to cancel or revise the permission for construction of the building but in this case no such powers were exercised by the State Government. The action of the respondents No. 4 and 5 by issuing order Annexure P-19 is not only illegal but also without jurisdiction which may be quashed.

( 2. ) SARVASHRI R. K. Samaiya and Mukesh Agrawal supported the order passed by the respondents and submitted that the petitioners were failed to comply with the directions issued by the Division Bench in Letters Patent Appeal and in such circumstances the Krishi Upaj Mandi had rightly sought cancellation of the sanction from respondents No. 4 and 5 and they have rightly cancelled the permission in which there is no fault.

( 3. ) BEFORE proceedings further it will be pertinent to mention here that the construction in question has been raised beyond the boundaries of Krishi Upaj mandi but within the limits of Municipal Corporation, Katni. Earlier a writ petition was filed by the petitioners who were allotted platforms, challenging the action of the local administration who initiated a drive to remove the aforesaid platforms as it was creating hurdle in the traffic. The writ petition bearing Nos. W. P. 1866/99, w. P. 1366/99, W. P. 1757/99 and W. P. 1991/99 were heard by the learned Single judge of this Court and vide order dated 18. 8. 2000 all the writ petitions were dismissed. Thereafter four Letters Patent Appeals were filed before the Division bench bearing No. LPA No. 357/00, LPA No. 295/00, LPA No. 296/00 and LPA No. 299/00 all the aforesaid Letters Patent Appeals were heard and decided vide order dated 24. 11. 04. The Division Bench in the aforesaid LPAs issued following directions :-

"a. The members of the association, namely, Whole Sale Vegetables Sellers which are 118 in number and have shops at Bilaiya Ki Talaiya, platforms in the Krishi Upaj Mandi Samiti will file applications showing their respective area by 31. 12. 2004;. b. The said members shall also file separate applications for grant of licence for carrying on business within the area of Krishi Upaj Mandi Samiti. c. The necessary premium of 255 of the cost be deposited of the shops likely to be constructed by Krishi Upaj Mandi Samiti at the time of submission of application. The aforesaid sum sh