SATYA NARAIN Vs. MUNICIPAL COUNCIL, UDAIPUR

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing impugned order dated 18.07.2007 (Annex.-13) passed by Addl. Civil Judge (Sr. Dn.) No. 3, Udaipur and order dated 20.09.2011 (Annex.- 4) passed by Addl. District Judge No. 3, Udaipur in appeal No. 73/2008 filed against order dated 18.07.2007 passed by the trial Court whereby the application filed under Order 39 Rules 1 & 2, C.P.C. was rejected. The petitioner has further challenged notice dated 23.09.2011 (Annex,.-13) whereby auction proceedings was initiated for commercial shops situated opposite Head Post Office, Chetak Circle, Udaipur.

(2.) Learned counsel for the petitioner submits that vide circular dated 01.04.2000 the Government of Rajasthan issued direction to the Collector and other authorities regarding removal of encroachments and providing alternate places in vicinity to the persons whose encroachments are removed. The petitioner's case is that he was in possession of a shop from which he was removed and as per circular dated 01.04.2000 the petitioner approached the respondent for allotment of alternate shop and proceedings was initiated by the respondent on file.

(3.) Learned counsel for the petitioner submits that in the meeting of the committee of the respondent resolution No. 5 was passed to the effect that the case of the petitioner for allotment of shop may be decided in the light of the circular dated 01.04.2000; but, instead of considering the case of the petitioner for allotment of shop, the respondent issued notification for allotment of shop upon Chetak Circle by auction proceedings. The petitioner submits that a resolution dated 12.05.2010 was passed before the conciliation committee for consideration and decision but without finalizing the petitioner's case, the respondent issued notice for auction for allotment of shop on 23.09.2000, therefore, while quashing both the orders passed by the trial Court as well as appellate Court by which the prayer of interim injunction of the petitioner was refused, the respondent may be restrained from making auction in pursuance of notice dated 23.09.2011 till disposal of the suit.