RAMANLAL Vs. MUNICIPAL COMMITTEE PIPARIA

JUDGEMENT

(1.) THIS order governs the disposal of Miscellaneous Petition No. 274 of 1960 also.

(2.) THIS petition under Article 226 of the Constitution is directed against the Municipal Committee, Piparia, the Collector, Hoshangabad, and the Sub -Divisional Officer, Sohagpur. The connected petition is directed against the Municipal Committee, Piparia, only.

(3.) IT is not disputed by Shri A. P. Sen for the Respondent, Municipal Committee, that the persent market was established under the Act of 1935 by a notification issued under that Act on 14. 3. 1942. The Respondents have further stated that the Municipality has power to establish a market independently of the establishment of markets under the Act of 1935. In addition, Shri Sen has raised some preliminary objections to the tenability of the petitions. He contends that as the Petitioners have given notices to the Municipality and the State Government for filing a civil suit to obtain a declaration that they have a customary right to use the market site, they cannot maintain the persent petitions for the same relief It is further stated that the matter has been taken to the Collector, Hoshangabad, under Section 53 of the Municipalties Act for quashing the resolution of the Municipality and the same matter cannot, therefore, be agitated these petitions. The third preliminary objection is that the market is being shifted to the new site at the instance of the Petitioners & they are estopped from raising this point.