RAVI KANT PURI Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) BY means of this petition, the Petitioner has prayed that the order dated 2.1.2010 and the consequent notice dated 22.1.2010 of the Municipal Corporation, Shimla be quashed and set aside.

(2.) THE brief facts of the case are that the Petitioner is selling handicraft articles outside his shop situated in Regal Building, Lakkar Bazar, Shimla. According to the Respondent -Corporation, part of this shop covers the municipal drain/street whereas according to the Petitioner, the shop is on the private land and was constructed prior to the year 1975 and, therefore, the Municipal Corporation is not entitled to initiate any action for removal of the same.

(3.) THE Petitioner herein had filed a Civil Suit before the learned Sub Judge 1st Class (2), Shimla praying that a decree for permanent prohibitory injunction restraining the Defendants from demolishing the existing structure outside the shop No. 3 in Regal Cinema building except in due process of law be passed.