CHANDRAWATI PATHAK Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) Present second appeal has its genesis in appellate judgment dated 8.12.2003 passed in Civil Appeal No. 70 of 2000, which stemmed from judgment and decree dated 17.3.2001 rendered in Original Suit No. 276 of 1982.

(2.) From a perusal of the record it would transpire that the* appellant In the instant appeal who had his sweetmeat shop in Camperganj locality on the basis of licence issued on 31.10.1965 pursuant to resolution No. 137 passed by the then Nagar Palika Parishad Rai Bareilly, had instituted a suit for the relief of permanent injunction against notice issued to the appellant thereby notifying recession of licence. The suit having been dismissed, the petitioner preferred appeal which also ended up in dismissal and consequently the appellant has preferred the instant second appeal impugning the decisions of the aforesaid courts below.

(3.) The learned counsel representing the appellants pressed into service certain points ostensibly of legal niceties and urged that after dissolution of Nagar Palika Parishad, Rai Bareilly, the District Magistrate who took over charge as Administrator came to acquire power invested in the Board temporarily and therefore, the order passed by the District Magistrate exercising power of Administrator for revoking the licence granted to the appellant by resolution of the Board was non-est. In connection with this proposition learned counsel further submitted that the order of revocation could only be made by the Board by a resolution and by this reckoning the suit of the plaintiff was apt to be decreed attended with grant of permanent injunction restraining the respondents from interfering with the possession of the land on which she had erected temporary construction for running of her sweetmeat shop. The learned counsel also referred to Sections 31A (c) and 10AA (1) and (a) of the U. P. Municipalities Act, 1916, in vindication of his stand.