RAJENDRA KUMAR Vs. B S YADAV

JUDGEMENT

(1.) By this Misc. Criminal Petition the petitioner prays for quashing the notice dt. 29-6-85 issued by respondent No. 1 under directions of the respondent No. 2, as contained in his letter No. 149 S.D.M./85 dt. 28-6-85 thereby calling upon the petitioner to stop construction on his land.

(2.) The petitioners case is that he purchased land bearing Survey No. 1166/2 situated in Katkatpura Indore from one Jageshwar by registered sale deed dt. 7-10-83 and has been in possession of the said land. They have also obtained necessary permission from the Authorities concerned for construction of a building on the said land (Annexure-Il). Construction was started on 5-2-85 and till the filing of the present petition, he had spent almost Rs. 2000.00 over construction.

(3.) On 29-6-85 the petitioner had received a notice from the respondent No.1 directing him to stop construction. The notice has been filed by the applicant as Annexure-Ill. The petitioner on receipt of this notice (Annexure-Ill) contacted the respondents No. 1 and 2 and moved an application placing all facts requesting them to permit construction but in vain. Hence the present petition.