KESHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing order/judgment dated 6.3.2009, Annex. 11 and order dated 19.5.2010 passed upon application filed by the petitioner under Order 41 Rule 21 read with Section 151, C.P.C. by the Addl. Collector, Udaipur. Brief facts of the case are that in the year 2006 the petitioner started raising construction, against which, respondent No. 4 filed suit for permanent injunction along with an application for interim injunction. After filing reply by the petitioner, the temporary injunction application of respondent No. 4 was allowed by the trial Court, however, it was directed that in case during the pendency of the suit if the petitioner obtains permission from the UIT he may raise construction with due permission of the Court.

(2.) Contention of the petitioner is that as per rules the petitioner obtained construction permission from the U.I.T., Udaipur on 28.6.2008 and plan was sanctioned in favour of the petitioner for construction, the petitioner as per order passed by the Civil Judge (Jr.Dn.), Udaipur (South) filed an application to complete the construction and the civil Court allowed the application filed by the petitioner for completing the construction as per permission granted by the U.I.T.

(3.) Respondent No. 4 preferred an appeal before the District Collector, Udaipur against construction permission granted to the petitioner. Before filing appeal against the petitioner, the petitioner entered caveat and was regularly appearing in the office of respondent No. 2. Grievance of the petitioner is that vide impugned order dated 6.3.2009 respondent No. 2 proceeded ex parte and allowed the appeal of respondent No. 4, against which, the petitioner filed application under Order 41 Rule 21, C.P.C. for setting aside order dated 6.3.2009 and for providing opportunity of hearing and to re-decide the appeal; but, Addl. Collector, Udaipur, after hearing arguments, proceeded to reject the application filed by the petitioner for setting aside order dated 6.3.2009. In this writ petition, the petitioner has prayed for quashing the said order on the following grounds.