ANTAR BAI JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner claims to be the owner of the piece of land No. 119 situated in Ward No.9 at Maheshwar Road Dhamnod. She deposited the requisite tax (Annexures 'v' and 'c'). The petitioner applied for sanction of construction (Annexure - ''l'') and deposited the requisite fee (Annexure -'n'), The map (Annexure -'b') was also submitted. The respondent No. 3 (Municipality Diamond) granted the requisite permission on deposit of fee of Rs. 200=00 on 21.5.1991 (Annexure - 'i' and 'Q'). The petitioner. commenced the construction in conformity with the sanction. On 30.6.1991, the Patwari issued notice complaining encroachment(Annexure -';'). This was followed by the notice of respondent No.2 Tahsildar (Annexure -'j'). The petitioner filed the reply on 12.7.1991 (Annexure -'y'). The respondent No.3, however, demanded removal of the encroachment on 9.7.1991 (Annexure - 'o') and also issued another letter dated 30.8.1991 (Annexure -'l') saying that the title of the land was disputed and as such the sanction granted earlier was liable to be cancelled. The petitioner protested through notice via his counsel on 7.9.91 (Annexure -'l'). As the authority did not relent, the petitioner submitted this writ petition.

(2.) THE respondent No.1 and 2 filed the reply in oppugnation.

(3.) ON consent of the parties the petition is finally heard.