ASHOK KUMAR SARIN Vs. MUNICIPAL BOARD DEHRADUN

JUDGEMENT

(1.) The petitioner owns a property identified as quarter No. 6/10 Bhagwan Das Quarter, Dehra Dun. He contends that he had submitted a building plan before the Municipal Board, Dehra Dun, respondent No. 1 and that the building plan was sanctioned by resolution No. 11-376/196970 dated 7/05/1970.

(2.) The petitioner contends that one Mahendranath objected to the sanction of the plan and filed an appeal No. 14 of 1970 in the court of the Additional District Judge (E), Dehra Dun and the latter set aside the sanction of the plan and remanded the ease to the Municipal Board, Dehra Dun for examination afresh.

(3.) In between one B. S. Saluja, respondent No. 2 filed a suit against the petitioner seeking an injunction for a relief that unauthorised construction by the petitioner be demolished and the petitioner be restrained from making other constructions. The suit was decreed. In Appeal No. 99 of 1972, allowed on 14/06/1976 the Additional District and Sessions Judge, Dehra Dun set aside the decree of the trial court that the construction as alleged in the suit be not demolished but the petitioner continue to be restrained from carrying out any further constructions. These facts are given in the petition. The judgments of the trial court and the appellate court have been appended to the record of the writ petition.