OM PRAKASH KRIPARAM Vs. MUNICIPAL COMMITTEE DABRA

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution has been made by the petitioner Om Prakash in the following circumstances. On the petitioner's application, the Municipal Committee, Dabra, on October 5, 1963, granted permission to the petitioner for construction. It is common ground that it is a class- III Municipality within the meaning of the M. P. Municipalities Act. 1961, (hereinafter called the Act).

(2.) By order dated February 15, 1965, the President, Municipal Committee, in exercise of his powers under section 187 (4) of the Act cancelled the said permission on the ground that it was not in the interest of the Municipality. Now, it is common ground that this was done on the subsequent objection raised by Lakhmichand, who has a Thela (cabin), where a door had to be opened under the initial permission granted by the Municipal Committee.

(3.) Aggrieved by that order, the petitioner preferred an appeal under section 308 of the Act to the Collector. The Collector returned the appeal to the petitioner for presentation to proper authority on the ground that by then the Municipality had been dissolved and an Administrator had been appointed. When the appeal reached the Administrator, he thought that he could not hear the appeal against the order of the President of the Municipality. He, therefore, considered the matter in review.