SHYAM SUNDER AGARWAL Vs. DISTRICT MAGISTRATE VICE CHAIRMAN

JUDGEMENT

(1.) THE petition has had a chequered history all of which need not be elaborated here in view of the facts which we are presently stating

(2.) THE petition was initially filed for quashing an order dated 3-10- 1989 passed by the District Magistrate/Vice Chairman, Banda Development Authority, Banda whereby he had stayed the operation of a sanction granted by him in favour of the petitioners for construction of a building upon an application filed by the contesting respondents. THE petitioners have also prayed for quashing of a notice dated. 14-10-1989 issued by the District Magistrate/Vice Chairman calling upon the petitioners to appear on a date fixed before him for disposing of the application filed by the contesting respondents with regard to the grant of the sanction to the petitioners. Besides this, certain proceedings which has been initiated at the instance of the contesting respondents before the State Government for the transfer of the proceedings pending on file of Sri Rakesh Garg the then District Magistrate to some other District Magistrate are also sought to be quashed.

(3.) IT is apparent that the objection of the respondents involves as adjudication of a dispute pertaining to the title to the land in question. IT has consistently been ruled by this court right from the earliest time that disputes pertaining to the title to the property with respect to which sanction is sought cannot and ought not appropriately to be determined in such proceedings. Indeed there is a complete unanimity of opinion on this point, the view expressed being that such an issue is beyond the purview of the proceedings for sanction of the plan, 1945 Alld 393, 1982 Alld. 290, 1980 AWC 637 and finally 1991 ACJ 649..