RAFIQ AHMAD Vs. DISTRICT MAGISTRATE SAHARANPUR

JUDGEMENT

(1.) RAFIQ Ahmad, the Petitioner, submitted a plan for making constructions over a plot situate in Civil Lines, Roorkee, district Saharanpur. After an enquiry, the Public works Committee of the Municipal Board, Roorkee, Respondent 3, gave its sanction under Section 180(1) of UP Municipalities Act. On March 30, 1970, the Petitioner commenced the constructions. On July 7, 1970, he received a notice from the Municipal Board requiring him to stop further constructions. To this notice, an objection was filed on July 8, 1970. The Petitioner also appeared before the Public Works Committee on 13 -7 -1970, on which date the committee passed a resolution revoking the sanction on the ground that since the Petitioner had obtained the sanction on misrepresentation of facts, the same was liable to be cancelled.

(2.) THEREAFTER , on July 21, 1970, the Executive Officer of the Municipal Board served a notice upon the Petitioner under Section 186 requiring him to demolish the constructions within ten days. Against this notice, the Petitioner filed an appeal to the District Magistrate under Section 318. The District Magistrate felt doubtful whether he had jurisdiction to entertain the appeal. Thereupon, he made a reference to this Court. The reference was decided on 24 -7 -1972 This court held that the District Magistrate had power to go into the facts and to find whether the sanction accorded to the Petitioner had been obtained through misrepresentation.

(3.) AGAINST this order, the present writ petition was filed.